Keith Mack
Common law marriage in Colorado is a legally binding union between two people without a formal ceremony or marriage license. To establish a common law marriage, couples must meet certain criteria, including cohabitation, agreement to be married, and holding themselves out as married. Ending a common law marriage in Colorado follows the same legal process as a statutory marriage, requiring a court-supervised divorce. This involves addressing issues such as property division, debt allocation, and, if applicable, child custody arrangements. It's important to consult with a lawyer to navigate the legal complexities and ensure a proper settlement.
| Characteristics | Values |
|---|---|
| Ways to end a common-law marriage | Death or divorce |
| Common-law marriage recognition in Colorado | Recognized |
| Common-law marriage rights | Same as a legally married couple |
| Common-law marriage dissolution | Requires a court-supervised divorce |
| Common-law marriage proof | Requires evidence at a hearing |
| Common-law marriage components | Mutual consent or agreement, and assumption of a marital relationship |
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What You'll Learn
Common law marriage and divorce
Common law marriage in Colorado is a confusing topic due to the many misconceptions about what constitutes a common-law marriage. For instance, simply living together does not create a common-law marriage, even if the couple has lived together for many years. Rather, a common-law marriage is formed when two people mutually consent or agree to enter into a marital relationship and openly assume a marital relationship. In other words, they agree to be married and then act like a married couple.
Common-law marriages are legally binding in Colorado, and common-law spouses have the same rights and obligations as couples who are married in a statutory marriage. This includes rights to pensions, insurance, and inheritance. Similarly, ending a common-law marriage requires the same legal process as ending a statutory marriage: a court-supervised divorce.
To prove a common-law marriage exists, a court will consider many types of evidence, including the couple's behaviour towards each other and how they refer to each other (e.g. calling each other husband or wife). The court will also consider the couple's behaviour when the relationship ended; a common-law marriage claim asserted years after the relationship ended is less credible than one asserted promptly.
In a common-law divorce, a lawyer will consider any joint finances and children, and assist their client in filing the petition for dissolution of marriage and any other required paperwork. Issues such as property division and debt will also need to be addressed.
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Mutual consent and agreement
In Colorado, a common-law marriage is a legally binding union, just like a ceremonial marriage. Common-law marriages are established when two individuals mutually consent or agree to enter into a marital relationship and then act in a way that demonstrates this agreement. This could include referring to each other as husband and wife, sharing finances, and cohabitating.
To end a common-law marriage in Colorado, a legal divorce through a court is required. This process is the same as for couples who are legally married through a religious or civil ceremony. The district court judge will address the same concerns as in a ceremonial marriage, including property division, debt, child custody, and child support.
It is important to note that the burden of proof falls on the couple to demonstrate that a common-law marriage exists, and a court may need to conduct a hearing to determine this. This can be done by introducing evidence such as witness testimony and documents.
While it is possible to establish a common-law marriage in Colorado without legal representation, it is recommended to consult a divorce lawyer when ending the marriage. A lawyer can assist in filing the petition for dissolution of marriage and conducting any necessary investigations.
In summary, ending a common-law marriage in Colorado requires a mutual agreement to dissolve the marriage, followed by a legal divorce process that addresses the same concerns as in a ceremonial marriage.
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Marital relationship conduct
Firstly, there must be cohabitation. Simply living together is not sufficient to establish a common-law marriage, as asserted in the case of Hogsett v. Neale (2021). The couple must hold themselves out as married and assume a marital relationship. This assumption of a marital relationship involves behaving as a married couple, such as referring to each other as husband and wife.
Secondly, there must be an agreement or mutual consent to be married. This agreement is a fundamental requirement and must be followed by conduct that demonstrates this mutual consent. In other words, both parties must intend to enter into a marital relationship, sharing a life as spouses in a committed, intimate relationship with mutual support and obligation. This intention is more significant than the length of the relationship. A common-law marriage can be established quickly, and a long-term couple may never be considered common-law married if they do not manifest this intention.
When determining whether a couple intended to enter into a marital relationship, courts in Colorado will consider various factors, including the couple's behaviour when the relationship ended. A claim made years after the relationship may be less credible than one asserted promptly. Additionally, the court will examine the couple's references to each other and any evidence presented during a hearing.
It is important to note that common-law marriage in Colorado carries the same legal weight as a ceremonial marriage. Therefore, ending a common-law marriage follows the same process as any other divorce, including property division, debt splitting, and, if applicable, child custody arrangements.
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Court recognition
Colorado is one of the few remaining states that recognize common-law marriage. Common-law marriage is when individuals in a relationship have the intention to enter into a marital relationship but do not complete the formalities of a legal marriage, such as obtaining a marriage license, solemnizing the marriage, and registering the marriage with the state.
A common-law marriage in Colorado is more than just living together. It requires cohabitation, an agreement to be married, and holding yourself out as married. The Colorado Supreme Court has declared that it is unconstitutional to discriminate against common-law marriages, such as by providing different employee benefits or refusing to rent to couples who are married in this way.
To prove a common-law marriage, there are two elements necessary: "mutual consent or agreement of the parties" and "mutual and open assumption of a marital relationship." Evidence to prove these elements may include witness testimony, documents, and the couple's references to or labels for one another (e.g., calling each other husband/wife). The court will consider all the evidence together to determine if a common-law marriage exists.
To end a common-law marriage in Colorado, a court-supervised divorce is required, just like for couples who are legally married. The district court judge will address the same concerns as in a ceremonial marriage, including property division, debt division, and child custody. The divorce process can be complex, so finding a divorce lawyer is always recommended.
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Division of assets and debt
Colorado is one of the few states that recognize common-law marriages. A common-law marriage is a shared agreement between two people that they are a married couple, without the legal paperwork. This means that two people who are living together as a married couple are recognized by the state as a legally married couple.
To be recognized as common-law married in Colorado, both parties must be over 18, live as a married couple, and assume a marital relationship. The most significant part of proving a common-law marriage is the mutual consent of both parties.
When it comes to ending a common-law marriage, Colorado courts handle it just as they would any other dissolution of marriage. The only way to dissolve a common-law marriage is to file for a legal divorce. The divorce process is primarily the same once a marriage has been recognized by common law, with one significant exception: the court must determine if the parties are married. The court will probably order the parties to submit legal arguments and appear at a hearing if one party asserts that the connection is a common-law marriage and the other party contests that assertion.
In a divorce, the division of assets and debts is an important consideration. Colorado is a marital property state, which means that the assets and debts acquired during the marriage (i.e., the marital estate) should be divided equitably between the spouses upon dissolution of the marriage. Marital property includes anything of value received after the marriage date, such as the family home, shared bank accounts, businesses, retirement accounts, physical properties, and other valuables. It also includes intangible assets such as accounts receivable, the value of work in progress, and "goodwill."
Debts incurred during the marriage are also allocated equitably, which may result in an equal allocation or one where the higher-income earner assumes greater responsibility. Similar guidelines apply to debt as to assets: both parties share any debt taken on during a common-law marriage, even if it is not in the other person's name. However, debt incurred before the marriage may not be considered joint debt.
It is important to note that the court's division of marital property and debt need not be exactly equal, just fair, considering the financial circumstances of both spouses at the time of the division.
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Frequently asked questions
To end a common-law marriage in Colorado, you need to get a legal divorce through a court, similar to a traditional marriage. Common-law spouses have the same rights and obligations as a legally married couple, and so the same process of divorce applies.
A common-law marriage is a marriage without a formal ceremony or marriage license. It is a marriage that is recognised by a court as a marriage, despite the spouses not having complied with the requirements of a statutory marriage.
The two elements necessary to prove a common-law marriage are: "mutual consent or agreement of the parties" and "mutual and open assumption of a marital relationship". Evidence must be introduced at a hearing, including witness testimonies and documents.
