Cameron Miranda
Common law marriage in Colorado is a confusing topic for many, as it is not always clear what constitutes a common-law marriage. Common-law marriages are recognised by Colorado courts, despite not being formally documented via a marriage license. There are no time requirements for common-law marriages in Colorado, meaning that a common-law marriage could exist after a month or not exist after 30 years. The official decision is made by a judge, who will consider whether the couple intends to enter a marital relationship and share a life together as spouses in a committed, intimate relationship of mutual support and obligation.
| Characteristics | Values |
|---|---|
| Number of states that recognize common-law marriage | 12 |
| States that recognize common-law marriage | Colorado |
| Requirements for common-law marriage | Each party must be 18 or older, the marriage must not be prohibited by C.R.S. 14-2-110, and there must be mutual consent and a mutual and open assumption of a marital relationship |
| Evidence of common-law marriage | Witness testimony, documents, living together, joint bank accounts, signing a document claiming to be married |
| Time requirements | None |
| Divorce process | Same as for a statutory marriage |
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What You'll Learn
Common law marriage requirements
Common law marriage in Colorado is a confusing topic for many. It is a marriage that is recognised 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 just as valid as ceremonial marriages.
There are two major components necessary to establish a common-law marriage in Colorado. The first is the "mutual consent or agreement of the parties". The second is the "mutual and open assumption of a marital relationship". Both individuals must be 18 years old or older, and the marriage must not be prohibited by bigamy or incest.
The Supreme Court of Colorado only requires evidence of marital conduct to make a determination on a common-law marriage. Evidence of a common-law marriage may include, but is not limited to, the following: living together, having a joint bank account, signing a document claiming to be married, and sharing a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation.
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 individuals will be able to testify, call witnesses, and present evidence. It will be the job of the individuals to prove to the Court that they were common-law married. If the Court finds that they were common-law married, their case will go forward the same as any other divorce case. If the Court finds they were not common-law married, their divorce case will be dismissed.
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How to prove a common law marriage
A common-law marriage in Colorado is just as valid as a ceremonial marriage. However, proving that a common-law marriage exists can be complicated. 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 30 years. The key question is whether the parties mutually intended to enter a marital relationship.
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 proved by introducing evidence at a hearing, such as witness testimony and documents. For example, an Affidavit of Common Law Marriage can be filled out at your county clerk's office. However, an affidavit might not be sufficient for some courts. If you have signed the affidavit but have not lived together or held each other out as married, some courts could reject it.
Other examples of evidence that can be used to prove a common-law marriage include:
- Cohabitation
- Joint bank accounts
- Signing documents claiming to be married
- Referring to each other as husband and wife to friends and co-workers
- Filing joint tax returns
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Common law marriage recognition in other states
As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriages.
All states should recognise common-law marriages that were established in other states that allow them. For example, California recognises common-law marriages validly contracted in another jurisdiction, but not those contracted within California. All other states have similar provisions, except for marriages deemed "odious to public policy".
Some states have specific requirements for common-law marriages. In Texas, couples can register their informal marriage by filing a declaration with the county clerk. In Utah, common-law marriages are only recognised if they have been validated by a court or administrative order. The court order must establish that the couple:
- Are of legal age and capable of giving consent
- Are legally capable of entering a solemnised marriage
- Have cohabited
- Mutually assume marital rights, duties, and obligations
- Hold themselves out as married
The recognition of common-law marriages varies across states, and the standards can change over time. Judges typically decide whether a couple has a valid common-law marriage by considering the specific circumstances of each case, the state's statutes, and case law.
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Common law marriage recognition in Colorado courts
Common-law marriages are recognised in Colorado. In 1877, the Supreme Court ruled that non-ceremonial marriages were valid under U.S. law, as long as they abided by state laws. Common-law marriages are treated the same as ceremonial marriages, and the same rules and regulations apply to both types.
In Colorado, there is no specific statute that recognises common-law marriages, but the state's courts have recognised them in the past. There are no time requirements for common-law marriages in Colorado. However, the key question is whether the parties mutually intended to enter a marital relationship. This can be inferred from their conduct, although the evidence should be "clear, consistent, and convincing".
In the past, cohabitation and the couple holding themselves out as married were considered requirements for a common-law marriage. However, these are no longer essential requirements. Instead, the court will consider a variety of factors to determine whether the couple intended to enter into marriage. These factors include the couple's behaviour when the relationship ended, with a common-law marriage claim asserted years later being less credible than one asserted more promptly.
The two major components necessary to establish 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 demonstrated through evidence of cohabitation and joint finances, such as bank accounts and credit cards.
To end a common-law marriage, a legal divorce through a court is required. This will follow the same process as any other divorce, with shared financials and any children considered.
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Common law marriage vs civil union
In Colorado, there is no specific statute that recognizes common-law marriages. However, the state's courts have recognized them in the past. Common-law marriages are constituted when a couple meets certain requirements, such as being over the age of 18 and cohabiting. The time spent together as a couple is not a factor in common-law marriage, and there are no time requirements.
Civil unions, on the other hand, are legally recognized partnerships between two individuals that offer many of the same legal obligations, protections, and benefits as marriages under state law. They are not recognized at the federal level, and so couples in civil unions may not have the same protections if they move to another state. Civil unions were originally used by same-sex couples before the legalization of same-sex marriage but are now an option for any couple seeking an alternative to marriage. Couples seeking a civil union must apply for a license, whereas common-law marriages do not require a license or written agreement.
In Colorado, both common-law marriages and civil unions are considered valid, and both are granted the same rights and privileges as traditional marriages. However, the recognition of common-law marriage and civil unions can vary from state to state. For example, some states do not recognize civil unions at all, and common-law marriages are only recognized in 12 states.
The term "common-law marriage" is often misused and misunderstood in the United States. It is sometimes used to describe any cohabitating couple or those who have lived together for a long time. However, this is not a requirement, and a common-law marriage could exist after just a month of cohabitation.
In summary, the main difference between common-law marriage and civil union in Colorado lies in their recognition and the process of establishment. Common-law marriage is a judicial concept, whereas civil union is a legalized relationship with a similar process to marriage.
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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 a month or not exist after 30 years. Time is not considered a factor when filing for a common-law divorce in Colorado.
The two elements necessary to prove a common-law marriage are "mutual consent or agreement of the parties" and a "mutual and open assumption of a marital relationship". You can prove these elements by introducing evidence at a hearing, such as witness testimony and documents.
The process of divorce in a common-law marriage is the same as that of a statutory marriage. If there is a dispute about whether a common-law marriage existed, the court will hold a hearing to determine the same.
