Gavin Howe
Common-law marriages are recognized in Colorado, and have been since the late 1800s. This means that couples in a common-law marriage hold the same rights and responsibilities as couples in a ceremonial marriage. However, the laws surrounding common-law marriage are often confusing, and it can be challenging to prove that a couple is in a common-law marriage. This is because common-law marriages are not formally documented and do not require a license, ceremony, or documentation to be legal. Instead, the determination is based on whether the couple mutually considers themselves as married and presents themselves to the community as a married couple.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Recognized in Colorado |
| Same-sex common-law marriage | Recognized in Colorado |
| Requirements | Both parties must be of legal age (18), neither can be married to someone else, and they must mutually agree to be married and act like a married couple |
| Evidence | Holding themselves out to the public as a married couple, having a joint bank account, registering as married on applications, the woman taking the man's last name, etc. |
| Termination | Only a legal divorce or death of one of the parties |
| Social Security recognition | Yes |
| Common-law marriage in another state | Recognized in Colorado |
| Common-law marriage in Colorado moving to another state | Recognized in the other state |
| Common-law divorce | No provision for common-law divorce in Colorado; a formal legal action is required |
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What You'll Learn
Colorado's recognition of common-law marriage
Colorado is one of the few remaining states in the US that recognizes common-law marriages. The state has recognized common-law marriage as legal and binding since the late 1800s.
A common-law marriage in Colorado is established when two people mutually consent to be husband and wife, without the need for a license, ceremony, or documentation. This means that couples in a common-law marriage hold the same rights and responsibilities as couples in a ceremonial marriage. Both opposite-sex and same-sex couples can qualify for common-law marriage in Colorado, as long as they meet the following requirements:
- Both individuals are at least 18 years old.
- Neither person is married to someone else or in a domestic partnership with a third party.
- Both individuals consent to being committed to one another.
- Both individuals have a "mutual and open assumption" that they are conducting themselves as a married couple.
It's important to note that simply living together does not establish a common-law marriage in Colorado. The determination is based on the couple's conduct and intention rather than the length of time they have lived together. Evidence of a common-law marriage may include maintaining a joint bank account, registering as a married couple on applications or leases, and using the same last name.
If a couple in a common-law marriage in Colorado moves to another state, their marriage is still recognized due to federal law provisions. However, dissolving a common-law marriage requires a formal legal process, similar to that of a ceremonial marriage.
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Same-sex common-law marriage
Colorado is one of the few remaining states that recognize common-law marriage, and it has done so since 1877. Common-law marriage is a way to be legally married without going through the formal process of obtaining a marriage license. There are only two requirements for a common-law marriage in Colorado: that both parties are free to enter into a marriage (i.e., neither is already married) and that both are of legal age (18). If either party is between 16 and 18, they must obtain parental or guardian consent.
In 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that bans on same-sex marriage were unconstitutional. As a result, same-sex marriage is now valid in Colorado, and same-sex couples can enter into common-law marriages.
In 2021, the Colorado Supreme Court ruled that same-sex couples who wanted to be common-law married before 2015 but were prevented from doing so by the ban on same-sex marriage could retroactively apply that right to their relationship. This means that if an LGBTQ couple intended to enter into a marital relationship before 2015, the court will treat the marriage as valid, even if it predates the legalization of same-sex marriage. This ruling was upheld in the case of LaFleur v. Pyfer (In re the Marriage of LaFleur), where the court ruled that same-sex couples must be allowed to enter into common-law marriages.
In addition, the Colorado Supreme Court has also updated the legal test for common-law marriage, which previously focused on determining marriages between opposite-sex couples. Now, common-law marriage indicators are no longer tied to a married couple, such as cohabitation. Instead, a common-law marriage may be established by the mutual consent or agreement of the couple to enter into a marital relationship, followed by conduct that demonstrates that agreement.
Same-sex couples in Colorado who are considering a common-law marriage should be aware that ending such a marriage can be complicated, and it is recommended that they seek legal advice from a divorce attorney.
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Common-law marriage requirements
Colorado is one of the few states in the U.S. that recognizes common-law marriages. However, there are specific requirements that must be met for a couple to be considered common-law married. Firstly, both parties must be free to marry, meaning neither person can already be legally married to someone else. Additionally, both individuals must be of legal age, which is typically 18 years old. If either party is between the ages of 16 and 18, parental or guardian consent is required.
To establish a common-law marriage in Colorado, the couple must mutually consent or agree to be married and then act like a married couple. This can include presenting themselves to the community as a married couple and cohabiting. There is no specific time requirement for cohabitation, but the couple must live together at the same address and demonstrate that they are living in a marital-like relationship. This can be challenging to prove, as common-law marriages typically do not have a legal marriage certificate or a formal marriage ceremony.
Evidence of a common-law marriage in Colorado can include joint financial accounts, shared property ownership, using the same last name, wearing wedding rings, and referring to each other as spouses. Affidavits from friends and family members attesting to the couple's reputation as a married couple can also be used as evidence. If documentation of the common-law marriage is required, the couple can file a signed, notarized affidavit with the County Clerk and Recorder in their county of residence. This affidavit states the couple's ages, the fact that there are no impediments to their marriage, and that they are married.
It is important to note that a common-law marriage in Colorado is legally binding and is considered the same as a ceremonial marriage. Therefore, if a couple wishes to terminate their common-law marriage, they must go through the same legal divorce process as traditionally married couples. Additionally, if a couple in a common-law marriage in Colorado moves to another state, their marriage is still recognized due to federal law provisions requiring states to recognize each other's laws.
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Common-law marriage termination
Colorado is one of the few remaining states that recognizes common-law marriage. A common-law marriage is established when two people mutually consent to be husband and wife, followed by conduct manifesting that mutual agreement. This can include cohabitation, joint finances, and holding themselves out to the public as a married couple. However, it's important to note that simply living together is not enough to establish a common-law marriage.
If a couple enters into a common-law marriage in Colorado, they are just as married as a couple who had a civil or religious ceremony with a marriage license. As a result, the termination of a common-law marriage follows the exact same process as any other divorce. Only a legal divorce or the death of one of the parties can terminate a common-law marriage.
It's worth mentioning that 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's important to check the specific state laws. Same-sex common-law marriages are also recognized in Colorado, although there may be nuanced differences.
When it comes to proving a common-law marriage, there is no time limit or requirement. A couple could be considered common-law married after one month or even years, depending on the facts and circumstances. The key question is whether the couple intended to enter into a marital relationship, and this can be proven through evidence such as witness testimony and documents.
In summary, while common-law marriage termination in Colorado follows the same process as any other divorce, it's important to understand the specific requirements and recognition of common-law marriages in different states.
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Common-law marriage recognition in other states
Common-law marriage recognition in other US states
Colorado is one of the few US states that recognizes common-law marriage. As of 2022, common-law marriages are also recognized in Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania also recognize common-law marriages, but only if they were created before a certain date.
If a common-law marriage is valid in the state in which it began, all states, including those that do not recognize common-law marriages, will recognize the marriage. For example, if a couple is common-law married in Colorado and moves to Ohio, their marriage will still be recognized. However, it's important to note that not many states fully recognize common-law marriages, and there are only a handful of states that have common-law marriages.
The requirements for a common-law marriage vary by state. In Texas, for example, a couple can file a legal "Declaration of Informal Marriage," which is a legally binding document that must be completed by both partners and sworn or affirmed in the presence of the County Clerk. Another option is to meet a three-prong test, providing evidence of an agreement to be married, cohabitation within the state, and holding themselves out to the public as husband and wife.
In Colorado, a common-law marriage is established when the parties mutually consent to be husband and wife, without the need for a license, ceremony, or documentation. However, it is recommended that couples file a signed, notarized affidavit with the County Clerk and Recorder in their county of residence if they need documentation of their marriage.
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Frequently asked questions
Yes, Colorado is one of the few states in the U.S. that recognizes common-law marriages.
Both parties must be of legal age (18) and neither can be married to someone else. They must consent to be in a committed relationship and act like a married couple.
Evidence of a common-law marriage may include holding joint accounts, registering as a married couple, sharing the same last name, and cohabitation. However, cohabitation alone does not constitute a common-law marriage.
No, a common-law marriage is the same as a ceremonial marriage in the eyes of the law and must be terminated through a formal divorce decree.
Yes, both opposite-sex and same-sex couples qualify for common law marriage in Colorado.
