Keith Mack
Colorado is one of the few states that still recognizes common-law marriages. This means that a couple can be considered married without a formal ceremony or marriage license. However, there are specific criteria that must be met for a common-law marriage to be legally recognized in Colorado, and proof of the relationship may be required. While there is no official common-law marriage certificate, couples can obtain verification of their marriage through the Office of the State Registrar. This involves submitting an application and providing proof of identification and relationship status. Given the potential challenges of proving a common-law marriage, some couples may prefer to obtain a marriage license and enter into a ceremonial marriage.
| Characteristics | Values |
|---|---|
| States that recognize common-law marriage | Colorado |
| Other states that recognize common-law marriage | Few |
| Number of types of solemnization | 3 (Religious, Civil, Self) |
| Requirements for marriage to be recognized | Both parties must be at least 18 years old, both parties must be legally free to marry, the couple must cohabit, the couple must mutually agree to be married |
| Proof of relationship | Direct and tangible interest, documentation to establish legal interest in obtaining vital records (e.g. birth or marriage certificates, certified court orders, insurance policies) |
| Witness signatures | Not required on the marriage license |
| Time limit for the ceremony to occur after the license is issued | 35 days |
| Time limit to return the signed license to the recording office after the ceremony | 63 days |
| Proof of identification and age | Required |
| Foreign Birth Certificate requirements | Must be in English, otherwise must be translated and notarized |
| Minors allowed | No |
| Benefits | Same as formally married couples, including property rights, inheritance rights, and the ability to make medical decisions for each other |
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What You'll Learn
Common law marriage requirements in Colorado
Colorado is one of the few remaining states that recognize common-law marriages. This means that a couple can be considered married and enjoy the same benefits as ceremonially married couples, without having gone through a formal ceremony or having obtained a marriage license.
To be considered common-law married in Colorado, couples must meet all of the following criteria:
- Both parties must be at least 18 years old. Minors cannot enter into a common-law marriage in Colorado.
- Both parties must be legally free to marry, i.e., not currently married to someone else.
- The couple must cohabit or live together.
- The couple must have a mutual agreement to be married. This can be inferred from their conduct, and no specific words are required.
It is important to note that judges scrutinize self-serving common-law marriage claims carefully and require compelling evidence. As a result, it may be difficult to prove a common-law marriage, and couples may prefer to simply obtain a marriage license and enter into a ceremonial marriage.
While Colorado does recognize common-law marriages, there are no official records or certificates that can be obtained to verify this type of marriage.
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How to prove a common law marriage
A common law marriage in Colorado is a marriage that is recognised by a court as valid even though the couple may not have complied with the requirements of a statutory marriage, such as obtaining a marriage licence. However, proving a common law marriage can be difficult, and there is no official certificate for common law marriage in Colorado.
To be considered common-law married, a couple must meet certain criteria:
- Both must be free to marry (e.g. not already married to someone else)
- Cohabitation
- Agreement to be married
- Holding yourself out as married
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
This can be proved by introducing evidence at a hearing, such as witness testimony and documents. For example, joint tax returns, a joint bank account, or an affidavit swearing that a couple is married. However, judges require compelling evidence to find that a relationship is a common law marriage, and an affidavit on its own is unlikely to be sufficient. Documentary evidence is generally considered more compelling than witness testimony.
It's important to note that simply living together does not create a common law marriage, and there is no time requirement. A common law marriage could exist after one month or not exist after thirty years.
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What to do if you can't prove your marriage
Colorado recognizes both ceremonial and common-law marriages. However, common-law marriage is a confusing topic for many, as there are many misconceptions about what constitutes a common-law marriage. Simply living together for a period of time does not create a common-law marriage. While cohabitation is a relevant factor, it is not a requirement, and there is no specific duration required.
If you are having trouble proving your common-law marriage, it is important to consult with a divorce attorney who can help you understand your rights and guide you on the necessary documents and evidence that will be needed in court. Here are some key steps and considerations to keep in mind:
- Seek legal assistance: Consult with an experienced attorney who can help you build a compelling argument and guide you through the legal process. They will be able to identify the key facts in your situation and advise you on the specific documents and evidence required to prove your common-law marriage.
- Gather evidence: To prove a common-law marriage in Colorado, you must demonstrate two elements: "mutual consent or agreement of the parties" and "mutual and open assumption of a marital relationship." Evidence can include witness testimony, documents, mail and bills showing shared residence, lease agreements, property deeds, evidence of joint finances and property ownership, tax returns, insurance forms, and even greeting cards that indicate spousal references.
- Understand the legal process: Be prepared for a hearing, as Colorado district courts typically hold hearings to determine whether a common-law marriage exists. Both spouses will likely testify before the court. Remember that each case is unique, and the court's decision will depend on the specific facts and circumstances presented.
- Consider alternative remedies: If the court finds no evidence of a common-law marriage, your attorney can provide guidance on alternative legal remedies, such as breach of contract, unjust enrichment, or quantum meruit, depending on the specifics of your situation.
- Protect your assets: If you believe you are not in a common-law marriage, family law attorneys can help protect your assets and ensure your rights are upheld.
- Avoid marriage trappings: If you are not intending to be married, avoid any actions or statements that could be interpreted as a mutual assumption of a marital relationship. This includes changing your social media status to "married" or participating in any type of commitment ceremony.
Remember, the specific steps and requirements may vary depending on your unique circumstances, so seeking legal advice from a qualified attorney in Colorado is essential.
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The history of common law marriage
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. This means that two people are common-law married when they agree to be married and then act like a married couple. This is often misunderstood, as a common law marriage is not based on the length of a relationship alone.
Over time, the original rationales for common law marriage have become less relevant. In modern times, it is relatively easy to get married, and the stigma surrounding unmarried couples and unmarried parents has largely disappeared. Despite this, the institution of common law marriage has survived in Colorado, where it is recognized alongside ceremonial marriage.
In recent years, there have been some attempts to abolish common law marriage in Colorado, with the argument that it is outdated and inconsistent, and can lead to costly litigation. However, these attempts have not been successful, and Colorado remains one of the few states that continue to recognize common law marriage.
Today, common law spouses in Colorado have the same rights as spouses married by a marriage license, including inheritance rights. If there is a dispute about whether a common law marriage existed, the court will hold a hearing where both parties can present evidence and testify. Ultimately, it is up to the court to decide whether a common law marriage exists, and this decision can impact divorce and probate cases.
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The legal rights of common law spouses
Colorado is one of the few remaining states that recognize common-law marriages. A common-law marriage in Colorado requires cohabitation, a mutual agreement to be married, and holding yourself out as married. This means that two people are common-law married when they agree to be married and then both act like a married couple. This is more than a committed partnership or long-term boyfriend/girlfriend relationship. It is the intention to enter into a marital relationship, sharing a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation.
Common-law marriages are considered valid if they are contracted in accordance with state law. In Colorado, the putative marriage doctrine means that a "putative spouse" who has entered into a marriage in good faith may be afforded the legal rights of a spouse despite the existence of a legal impediment to the marriage. However, since a putative marriage claim requires a legal impediment to marriage, it cannot be claimed if a common-law marriage claim fails.
Common law spouses in Colorado have the same inheritance rights as spouses married by marriage license. If there is a disagreement about a common-law marriage that affects inheritance or probate issues, this will need to be addressed in probate court. Social security also recognizes common-law marriages if the couple lives in a state that recognizes such marriages and the couple submits evidence of their common-law marriage.
It is important to note that judges carefully scrutinize self-serving common-law marriage claims and require compelling evidence to prove that a relationship is a common-law marriage. While there have been attempts to end the recognition of common-law marriages in Colorado, none have been successful. However, some legal professionals have expressed concerns about the validity of common-law marriage going forward, citing its unpredictable and inconsistent nature, as well as the costly litigation it can entail.
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Frequently asked questions
Common-law marriage is when a couple is considered married without having gone through a formal ceremony or obtained a marriage license. In Colorado, a couple can be considered married if they meet certain criteria, including being at least 18 years old, being legally free to marry, cohabitating, and mutually agreeing to be married.
There is no official common-law marriage certificate in Colorado. However, if you need to prove your common-law marriage, you must submit proof of your relationship, such as documentation establishing your legal interest in obtaining vital records (e.g., birth or marriage certificates, certified court orders, insurance policies).
Common-law spouses in Colorado have the same rights and obligations as couples in a ceremonial marriage, including property rights, inheritance rights, and the ability to make medical decisions for each other.
