Gavin Howe
Common law marriage is a concept that has existed in Colorado since 1877. It is one of 12 states that recognize common law marriage as legal and binding. 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 obtaining a marriage license. While the requirements for a common law marriage and a statutory marriage differ, the result is the same. A common law marriage is treated by the courts in exactly the same fashion as a statutory marriage. However, societal norms have changed significantly since the Lucero decision, and the Colorado Supreme Court revisited the traditional requirements in 2021.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | Yes |
| Requirements for common law marriage | Mutual consent to be married, agreement to live together as spouses, and a mutual and open assumption of a marital relationship |
| Documentation required? | No, but recommended to file a signed, notarized affidavit with the County Clerk and Recorder |
| Divorce process | Same as for traditional marriages |
| Minimum time period for cohabitation | No minimum, but cohabitation alone does not constitute a common law marriage |
| Common law divorce procedure | No specific procedure; Colorado law provides for one standard divorce process for all marriages |
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What You'll Learn
Common law marriage in Colorado: what constitutes it
Common law marriage in Colorado is a confusing topic due to the many rumours and stories about what constitutes such a marriage. For example, it is often thought that "if a couple lives together for two years, they must be common-law married". However, this is not the case, as simply living together does not give rise to a common-law marriage.
Colorado is one of the few remaining states that recognise common-law marriage, doing so since 1877. A common-law marriage is a marriage that is recognised by a court, despite the spouses not having complied with the requirements of a statutory marriage, such as obtaining a marriage license. Common-law marriages are treated by courts in the same way as statutory marriages, meaning that the process of ending a common-law marriage is the same as any other divorce.
A common-law marriage is constituted by a mutual agreement or consent to enter into a legal and social institution of marriage, followed by conduct that demonstrates this agreement. In other words, two people are common-law married when they agree to be married and then act like a married couple. This can be established in one day, and a long-term couple may never be common-law married. The key question is whether the parties mutually intended to enter a marital relationship, which can be inferred from their conduct. The court will consider all the evidence together, as there is no single element that proves or disproves a common-law marriage.
If there is a dispute about whether a common-law marriage existed, the court will hold an evidentiary hearing, where those involved can testify, call witnesses, and present evidence. It is then the job of those claiming to be common-law married to prove this to the court. If the court agrees, the case will continue as any other divorce case. If the court disagrees, the divorce case will be dismissed.
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Common law marriage and divorce
Common law marriage is a confusing topic for many in Colorado due to the many rumours and stories about what constitutes such a marriage. For example, some believe that "if we live together for two years, we must be common-law married", but this is not the case. Colorado is one of the few states that still recognise common law marriages, having done so since 1877.
A common law marriage is a marriage that is recognised by a court as a marriage, even though the two spouses may not have complied with the requirements of a statutory marriage, such as obtaining a marriage license. Common law marriages are treated by courts in the same way as statutory marriages, and ending a common law marriage follows the same process as any other divorce.
There are legal requirements for a common law marriage to exist. In Colorado, a common law marriage is established by the mutual consent of two people to be married and a mutual and open assumption of a marital relationship. This means that the couple intends to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation. The couple's behaviour when the relationship ended can also be a factor, as a common law marriage claim asserted years later is less credible than one asserted more promptly.
There is no legal procedure specifically designated for common law divorce. If a spouse in a common law marriage dies without a will, the surviving spouse is normally entitled to inheritance benefits and other death benefits. However, having a will can reduce the chances of problems arising, especially if the deceased spouse's relatives claim that a common law marriage did not exist.
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Common law marriage and cohabitation
Common law marriage is a confusing topic for many in Colorado due to the many rumours and stories about what constitutes a common-law marriage. For example, simply living together for a certain period does not create a common-law marriage.
Colorado is one of the few states that still recognize common-law marriages. It has done so since 1877 and is one of 12 states to do so. Common law marriage is a legal concept that applies to couples who are in a relationship that resembles a marriage but has not been formally sanctioned by the state, for example, by obtaining a marriage certificate. 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, if documentation is required, an affidavit of common-law marriage can be completed and filed with the County Clerk and Recorder.
The validity of a common-law marriage will depend on how the couple views the relationship and how they act on that perception. The key question is whether the parties mutually intended to enter a marital relationship, that is, to share a life together as spouses in a committed, intimate relationship of mutual support and obligation. Evidence of a common-law marriage should be clear, consistent, and convincing. For example, the couple may have a joint bank account, refer to each other as married, or sign documents as a married couple.
It is important to note that not all states recognize common-law marriages, so it is crucial to understand the laws specific to Colorado. Couples must meet several criteria to be considered legally married under common law in Colorado. If a common-law spouse dies without a will, the surviving spouse is normally entitled to inheritance benefits, but having a will can reduce the chances of problems arising, especially if the deceased's relatives dispute the existence of the common-law marriage.
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Common law marriage and parental responsibilities
Common law marriage is recognised in Colorado, and it is treated by the courts in the same way as a statutory marriage. This means that common law marriages have the same legal rights and duties as any other marriage, including the division of property and debts acquired during the marriage.
A common law marriage is formed when two people mutually agree or consent to enter into the legal and social institution of marriage, and then act in a way that demonstrates this agreement. This could include signing documents claiming to be married, sharing a joint bank account, or referring to each other as husband or wife. However, cohabitation alone is not enough to constitute a common law marriage, and the couple must also intend to be married.
If a couple with a common law marriage has children and then separates, parenting time, decision-making, child support, and other disputes can be resolved through an Allocation of Parental Responsibilities action under Title 14 of the Colorado Revised Statutes or a Paternity action under Title 19.
It is important to note that proving a common law marriage can be difficult, and the court will consider all evidence together to determine whether a couple intended to enter into a marital relationship. This may include examining the couple's conduct and references to each other, as well as any relevant documents or affidavits.
In summary, while common law marriage is recognised in Colorado and carries the same legal weight as a statutory marriage, it can be challenging to prove, and the courts will consider a variety of factors to determine whether the couple intended to enter into a marital relationship.
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Common law marriage and legal rights
Common law marriage is a concept that has been recognised in Colorado since 1877, and it is one of only 12 states that acknowledge common law marriages. A common law marriage is a marriage that is recognised by a court, even though the two spouses may not have complied with the requirements of a statutory marriage, such as obtaining a marriage license or participating in a formal ceremony.
For a common law marriage to be established in Colorado, there are certain criteria that must be met. Firstly, there must be mutual consent from both parties to be married and to live together as spouses. This can be inferred from their conduct, such as signing a document claiming to be married, sharing a joint bank account, or owning property together. The couple must also hold themselves out publicly as married, although this is no longer considered an essential requirement.
Once a common law marriage is established, it is treated by the courts in the same way as a statutory marriage. This means that the couple is entitled to all the rights, privileges, and responsibilities of a legal and binding marriage. If a spouse in a common law marriage dies without a will, the surviving spouse is typically entitled to inheritance benefits and other death benefits, such as the deceased spouse's pension.
However, it is important to note that not all states recognise common-law marriages, and the laws can vary from state to state. Couples considering a common law marriage should consult with a family lawyer to understand their specific rights and obligations under Colorado law. Additionally, while there is no minimum time requirement for cohabitation, the evidence of a common law marriage should be "'clear, consistent, and convincing", and a claim asserted years later may be less credible.
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Frequently asked questions
Yes, common law marriage is still recognised in Colorado.
A common law marriage is a marriage that is recognised by a court as a marriage, even though the two spouses may not have complied with the requirements of a statutory marriage, such as obtaining a marriage license.
A common law marriage is established when two people mutually consent to be husband and wife. This can be done through a signed, notarised affidavit, which can be filed with the County Clerk and Recorder in the county where they reside.
A common law marriage is treated by courts in the same way as a statutory marriage. This means that a common law marriage has the same benefits and obligations as a formal marriage.
A common law marriage is ended in the same way as a statutory marriage. Divorce is the only path to ending a common law marriage in Colorado.
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