Keith Mack
Colorado is one of the few remaining states that recognizes common-law marriages. A common-law marriage is a marriage that is recognized by a court as a marriage, even though the two potential spouses may not have complied with the requirements of a statutory marriage, such as by obtaining a marriage license. There are no time requirements for common-law marriages in Colorado, and they are just as valid as ceremonial marriages.
| Characteristics | Values |
|---|---|
| States that recognize common law marriage | Colorado, one of the few remaining states that recognize common law marriage |
| Time requirements | No time requirements, could exist after a month or not exist after 10 years |
| Divorce | Common law marriage divorce is the same as a statutory marriage divorce |
| Military recognition | Yes, as long as it was legal where it was entered into |
| Other states recognition | If valid, all states will recognize the marriage |
| Affidavit | An Affidavit of Common Law Marriage can be filled out at a county clerk's office |
| Statutory requirements | Each party must be 18 or older, and the marriage must not be prohibited by C.R.S. 14-2-110 |
| Evidence | Clear, consistent, and convincing |
| Inheritance rights | Common law spouses have the same inheritance rights as spouses married by marriage license |
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What You'll Learn
No time requirements
In Colorado, there are no time requirements for common-law marriages. A common-law marriage could be established in as little as a month or may not exist even after thirty years. The key factor is the intention of both parties to enter into a marital relationship, which is to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation.
Colorado is one of the few remaining states that recognize common-law marriages. However, it is often misunderstood, and there is a lot of confusion around what constitutes a common-law marriage. For example, many people believe that living together for a certain period, such as two years, automatically qualifies a couple as common-law married, but this is not the case.
The first requirement of common-law marriage is the mutual consent or agreement of both parties to be married. This can be proven through witness testimony and documents. The second requirement is a mutual and open assumption of a marital relationship, which means that both parties agree to be seen and addressed as married and behave in a way that reflects marriage.
If there is a dispute about whether a common-law marriage existed, the court will hold a hearing to determine the validity of the marriage. The court will consider all the evidence together, as there is no single fact that proves or disproves a common-law marriage. If the court finds that a common-law marriage existed, the case will proceed as any other divorce case.
It is important to note that common-law marriages are recognized by courts in Colorado even though they are not formally documented via a marriage license. Common-law spouses have the same legal rights and responsibilities as traditionally married couples, and the process for ending a common-law marriage is the same as for a statutory marriage.
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Mutual consent
In Colorado, mutual consent or agreement is one of the two major components necessary to establish a common-law marriage. The other is a "mutual and open assumption of a marital relationship". In other words, a couple must agree to be married and then act like a married couple.
There are no time requirements for common-law marriages in Colorado. A common-law marriage could exist after just a month or not exist after 10 or even 30 years. The key question is whether the parties mutually intended to enter a marital relationship. The evidence to establish a common-law marriage should be clear, consistent, and convincing. For example, a couple might share a joint bank account for shared expenses, or they might sign a document with one of their employers claiming to be married.
If there is a dispute about whether a common-law marriage existed, the Court will hold a hearing. This will be an evidentiary hearing where the couple will be able to testify, call witnesses, and present evidence. If the Court finds that a common-law marriage existed, the case will go forward the same as any other divorce case. If the Court finds that there was no common-law marriage, the divorce case will be dismissed.
Colorado is one of the few remaining states that recognizes common-law marriage. If a common-law marriage is valid in the state in which it began, all states will recognize the marriage. However, some states do not legally recognize common-law marriages, so it is not possible to establish or start a common-law marriage while living in one of these states. The military also recognizes common-law marriage, as long as it was legal where it was entered into.
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Court recognition
Colorado is one of the few remaining states that recognizes common-law marriages. The state's recognition of common-law marriages dates back to 1877 when the Supreme Court ruled that non-ceremonial marriages were valid under U.S. law, as long as they abided by state laws.
A common-law marriage is a marriage that is recognized by a court as a marriage, even though the two potential spouses may not have complied with the requirements of a statutory marriage, such as by obtaining a marriage license. Common-law marriages are treated by courts in the same way as statutory marriages. Ending a common-law marriage follows the same process as any other divorce.
The two elements necessary to prove a common-law marriage are:
- "Mutual consent or agreement of the parties"
- "Mutual and open assumption of a marital relationship"
These elements can be proven by introducing evidence at a hearing, such as witness testimony and documents. There is no single fact that proves or disproves a common-law marriage. The court will consider all the evidence together.
Some examples of evidence that may be considered include:
- The couple's references to or labels for one another (calling each other husband/wife)
- Commitment symbols such as gifts, cards, etc.
- Periods of taking financial responsibility for one another
- Estate planning measures where the other party is named in documents as an officially sanctioned spouse would be named
- Sharing a joint bank account for shared expenses
- Signing a document with an employer, claiming to be married
It is important to note that judges scrutinize self-serving common-law marriage claims carefully and require compelling evidence to find that a relationship is actually a common-law marriage. If there is a dispute about whether a common-law marriage existed, the court will hold an evidentiary hearing, and it will be up to the couple to prove that they were common-law married.
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Divorce process
In Colorado, a common-law marriage, also known as a marriage without formalities, is recognized when two individuals live together and present themselves publicly as a married couple without undergoing a formal marriage ceremony or obtaining a marriage license. Establishing a common-law marriage in Colorado typically requires meeting certain criteria and can have legal implications equivalent to a formal marriage. As for the recognition of common-law marriages in other states, it varies. Some states may recognize common-law marriages established in Colorado, while others might not. Each state has its own laws and requirements regarding this matter.
Now, if a common-law marriage is established in Colorado and the couple decides to dissolve their union, they must go through a legal separation or a divorce process, just like any other married couple in the state. Here is an outline of the typical divorce process for couples in a common-law marriage in Colorado:
Consultation and Decision: The first step is for either or both spouses to decide that they want to end the marriage. They may choose to consult with attorneys specializing in family law or divorce to understand their rights, options, and the legal process ahead.
Filing a Petition: One spouse, known as the petitioner, files a petition for dissolution of marriage with the district court in the county where they reside. This petition outlines the requests regarding property division, spousal support, child custody, and other pertinent matters. Along with the petition, other documents may need to be filed, such as a case information sheet, summons, and child support financial affidavit, depending on the specifics of the case.
Serving the Papers: Once the petition is filed, the other spouse, known as the respondent, must be served with the divorce papers. This can be done through personal service by a third party who is not involved in the case, or in some cases, by certified mail with a return receipt requested. The respondent then has a specific number of days to respond to the petition, typically around 20 to 35 days.
Temporary Orders: During the waiting period for the response, either spouse can request temporary orders from the court to establish temporary guidelines for issues like child custody, spousal support, or use of the marital home while the divorce is pending. These orders remain in effect until the final divorce decree is issued.
Response and Negotiation: After being served, the respondent files a response to the petition, either agreeing or disagreeing with the terms outlined by the petitioner. This is also the stage where counterproposals may be presented. If the respondent fails to respond within the allotted time, the petitioner can request a default judgment, which means the court may grant the divorce based on the original terms of the petition. If both parties agree on all terms, they can file a signed agreement, and the court will likely approve it without further intervention. However, if there are disagreements, negotiations and settlement discussions will take place, either directly between the spouses and their attorneys or through alternative dispute resolution methods like mediation.
Discovery and Information Exchange: During this stage, both sides gather and exchange information and documents relevant to the divorce, including financial records, property appraisals, and other evidence that may support their positions on various issues. This process can involve requests for production of documents, interrogatories (written questions), and depositions (oral testimony under oath).
Court Hearings and Trial: If the spouses cannot reach an agreement through negotiation or mediation, the case will go to trial, where a judge will make the final decisions on contested issues. Leading up to the trial, there may be various court hearings to address temporary orders, motions filed by either party, or other pretrial matters. At the trial, both sides present their evidence and arguments, and the judge will issue a final decree of divorce, outlining the terms regarding property division, spousal support, child custody, and any other pertinent matters.
Remember, this is a general overview, and the specific steps and procedures may vary depending on the unique circumstances of each case. It is always advisable to consult with an experienced family law attorney in Colorado to guide you through the divorce process and ensure your rights and interests are protected.
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Same-sex recognition
Colorado is one of the few remaining states that recognize common-law marriages. Common-law marriages have been recognized in Colorado since 1887, and in 1987 the Colorado Supreme Court ruled that common-law couples are considered legally married without having registered their relationship as a marriage with the state.
In 2015, same-sex marriage was legalized in Colorado, and the state now recognizes same-sex common-law marriages. In the case of In re Marriage of LaFleur and Pyfer, the Colorado Supreme Court ruled that pursuant to the U.S. Supreme Court's decision in Obergefell v. Hodges, same-sex couples must be allowed to enter into common-law marriages, and the state must retroactively recognize common-law marriages of same-sex couples that occurred before the legalization of same-sex marriage. The court noted that the test for common-law marriage must be applied flexibly, as same-sex couples may not have been fully open about their relationships due to fears of discrimination.
Colorado's recognition of same-sex common-law marriages is a significant development in the fight for marriage equality for the LGBTQ+ community. In 2009, Colorado took a first step towards recognizing same-sex relationships by enacting the Colorado Designated Beneficiary Act, which allowed unmarried couples, including same-sex couples, to enter into a Designated Beneficiary Agreement and gain some basic rights, such as holding property jointly and making end-of-life decisions. However, this fell short of providing the full protections of marriage. With the legalization of same-sex marriage and the recognition of same-sex common-law marriages, Colorado has taken a major step forward in ensuring equal rights for LGBTQ+ individuals.
It is important to note that while Colorado recognizes common-law marriages, the burden of proof falls on the individuals claiming the existence of such a marriage. In the case of a disputed common-law marriage, the court will hold an evidentiary hearing, and it is up to the individuals to present convincing evidence of their mutual agreement to enter into a marital relationship. This evidence can include factors such as cohabitation, joint finances, and references to each other as spouses, but no single fact proves or disproves a common-law marriage. The court will consider all evidence together and assess the specific circumstances of each case.
Overall, Colorado's recognition of same-sex common-law marriages is a significant step towards equality, and individuals in such marriages have the same rights, privileges, and responsibilities as any other married couple in the state.
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Frequently asked questions
A common-law marriage is a marriage that is recognised by a court as valid even though the two potential spouses may not have complied with the requirements of a statutory marriage, such as by obtaining a marriage license.
There is no time requirement for common-law marriage in Colorado. A common-law marriage could exist after just a month or not exist after 10 or 30 years.
The two elements necessary to prove a common-law marriage are the "mutual consent or agreement of the parties" and the "mutual and open assumption of a marital relationship". This can be proven by introducing evidence at a hearing, such as witness testimony and documents.
If a common-law marriage is valid in the state in which it began, all states will recognise the marriage. However, some states do not legally recognise common-law marriages, so you cannot establish or start a common-law marriage while living in one of these states.
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