Anaya Nolan
Colorado is one of the few remaining states that recognizes common-law marriage. This means that common-law spouses in Colorado have the same rights, privileges, and responsibilities as couples who are in a traditional marriage. However, the concept of common law marriage is often misunderstood. This paragraph will explore the topic of common law marriage in Colorado, including the requirements for establishing a common law marriage, the rights and responsibilities of common-law spouses, and the process for terminating a common law marriage.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Recognized in Colorado since 1877 |
| Number of states recognizing common-law marriage | 12 |
| Requirements for common-law marriage | Mutual consent to be married, both parties must be at least 18 years old, neither party can be married to someone else, cohabitation, joint finances, holding themselves out as married |
| Evidence of common-law marriage | Affidavit of common law marriage, references to each other as spouses, husband, or wife, listing each other as spouses on documents, joint finances |
| Divorce from common-law marriage | Requires a formal legal action, the same as a ceremonial marriage |
| Common-law marriage and same-sex couples | Recognized in Colorado |
| Common-law marriage and taxes | Common-law spouses can file jointly and get the same tax breaks as couples with an official marriage license |
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What You'll Learn
- Common law marriage in Colorado is recognised by courts, but not formally documented
- Same-sex couples can establish common law marriages
- Common law marriage does not require a license, ceremony or documentation
- Common law spouses must go through the courts to settle legal issues
- Common law marriage is different from a civil union
Common law marriage in Colorado is recognised by courts, but not formally documented
Colorado has recognised common-law marriage as legal and binding since 1877 and is one of 12 states to do so. Common-law marriage in Colorado is recognised by courts but not formally documented via a marriage license. This means that common-law spouses must go to court to settle major legal issues, just like couples in a traditional marriage.
To be considered common-law married in Colorado, a couple must meet certain requirements. Firstly, both individuals must be at least 18 years old, and neither can be in another marriage or domestic partnership. Secondly, both must have a mutual consent or agreement to be married and have a "mutual and open assumption" that they are conducting themselves as a married couple. This means that if both parties agree to be seen and addressed as married, and both behave in a way that reflects marriage, then common law applies.
It is important to note that simply living together does not establish a common-law marriage, and there is no standard amount of time a couple must be together to qualify. However, cohabitation is a relevant factor in determining whether a common-law marriage exists, but it is not required, and no specific duration is necessary.
When determining whether a common-law marriage exists, courts will consider various types of evidence. This includes the couple's references to one another, such as calling each other husband or wife, as well as joint finances, such as bank accounts and credit cards. The court will consider all the evidence together, as there is no single fact that proves or disproves a common-law marriage.
Common-law spouses in Colorado have the same legal rights and responsibilities as couples in a ceremonial marriage. This includes the right to file taxes jointly and receive the same tax breaks as traditionally married couples. It also means that if one spouse had been receiving alimony payments from a previous marriage, their former spouse's obligation to make support payments typically ends.
While Colorado law allows for common-law marriage, there is no provision for a "common-law" divorce. This means that if a common-law marriage ends, the couple must go through the same formal legal process as a traditionally married couple to dissolve the marriage.
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Same-sex couples can establish common law marriages
In Colorado, same-sex couples can establish common law marriages. Common law marriages are recognised by the courts in Colorado, even without a marriage license. This means that common law spouses must go through the courts to settle major legal issues, just like couples in a traditional marriage.
In Colorado, both opposite-sex and same-sex couples qualify for common law marriage if they meet the following requirements: both individuals must be at least 18 years old, neither person can be in another marriage or domestic partnership, and both people must consent to being committed to one another. Additionally, both people must have a "`mutual and open assumption" that they are conducting themselves as a married couple. This means that if both people in a relationship agree to be seen and addressed as married, and both people behave in a way that reflects marriage, then common law applies.
The recognition of same-sex common law marriages in Colorado is a result of the U.S. Supreme Court's decision in Obergefell v. Hodges, which found that bans on same-sex marriage violate equal protection. Following this decision, Colorado courts have ruled that same-sex common-law marriages created before the courts recognised same-sex marriages as valid should be recognised as if they were always valid. This means that if a same-sex couple began living together, referring to themselves as spouses, and mutually considering themselves a married couple before 2015, when same-sex marriages were legalised, the state now recognises their marriage as valid from the date it began.
The determination of whether a common law marriage exists is not always clear-cut, and there may be disputes about whether a couple meets the criteria. In these cases, a court or agency decision is typically made as part of a divorce or probate case. The court will consider various types of evidence, including the couple's references to one another (such as calling each other husband/wife) and factors such as cohabitation, joint finances, and whether one party listed the other as a spouse on official forms.
Same-sex couples in Colorado who wish to establish a common law marriage should be aware that they must meet the same requirements as heterosexual couples, and that their marriage will be recognised in all other states as well, as all 50 states recognise common law marriages from the 12 common law marriage states. Additionally, common law spouses in Colorado are entitled to the same rights, privileges, and responsibilities as couples in a traditional marriage, including the ability to file taxes jointly and receive the same tax breaks as legally married couples.
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Common law marriage does not require a license, ceremony or documentation
Common-law marriage is a confusing topic for many in Colorado because very few people understand what it means to be common-law married and who decides whether a couple meets the criteria for such a marriage. It is often mistaken for a civil union or domestic partnership, which is a different type of legally recognized relationship in Colorado.
Common-law marriage does not require a license, ceremony, or documentation. It is a type of marriage without a marriage certificate or formal ceremony. In a formal marriage, couples get a marriage license and have a civil or religious ceremony. The marriage becomes official when the county or state government issues the marriage license. However, in common-law marriage, the married couple never had a formal wedding ceremony and never obtained a marriage license or marriage certificate.
In Colorado, a common-law marriage is applied to couples who are in a committed relationship when said relationship appears to be a marriage but lacks the formal documentation that sanctions the marriage by the state (i.e., a marriage certificate). Both opposite-sex and same-sex couples qualify for common-law marriage if they meet certain requirements, including being at least 18 years old, consenting to the commitment, and having a ""mutual and open assumption" of conducting themselves as a married couple.
While common-law marriage does not require a license or ceremony, it is important to note that it is a legal marriage. In states that allow common-law marriage, couples in a common-law marriage have the same rights as a married couple who went through a formal marriage process. Common-law marriages are recognized by courts in Colorado, and spouses can file jointly for tax returns, receiving the same tax breaks as officially married couples. However, when it comes to property division during a divorce, Colorado views property as common law property, meaning there is no automatic assumption that property belongs to both parties, and an equal split is achieved through a process called "equitable distribution."
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Common law spouses must go through the courts to settle legal issues
Colorado is one of the few remaining states that recognize common-law marriage. However, it is often misunderstood. A common-law marriage is applied to couples who are in a committed relationship when said relationship appears to be a marriage but lacks the formal documentation that sanctions the marriage by the state, such as a marriage certificate. Common-law marriage does not require any license, ceremony, or documentation to be legal.
Common-law marriage is sometimes confused with a civil union or domestic partnership, which is a different type of legally recognized relationship in Colorado. For a couple to be considered common-law married, they must mutually consent to be husband and wife, followed by a mutual and open assumption of a marital relationship. Both people in the relationship must be at least 18 years old, neither can be in another marriage or domestic partnership, and they typically must live together.
Because common-law marriages are not formally documented, common-law spouses must go through the courts to settle major legal issues, just like couples in a traditional marriage. This includes divorce, which requires a formal legal action to dissolve the marriage. Without a court decision, it is not possible to definitively say if someone is common-law married. The court will consider many types of evidence to determine if a common-law marriage exists, including cohabitation, joint finances, and how the couple refers to or labels one another.
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. The court may hold an evidentiary hearing where witnesses can be called and evidence presented. It is the job of the couple to prove to the court that they were common-law married.
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Common law marriage is different from a civil union
Common-law marriage is a confusing topic for many in Colorado because very few people understand what it means to be common-law married and who decides whether a couple meets the criteria for such a marriage. Common-law marriage is sometimes confused with a civil union, which is a different type of legally recognized relationship in Colorado.
A common-law marriage in Colorado is applied to couples who are in a committed relationship when said relationship appears to be a marriage but lacks the formal documentation that sanctions the marriage by the state, such as a marriage certificate. The first requirement of common-law marriage is an agreement to be married, so if you have not consented or agreed to be married, then you are not common-law married. The court will consider many types of evidence to determine if a common-law marriage exists, including the couple's references to or labels for one another (calling each other husband/wife).
A civil union, on the other hand, is a legal relationship that provides couples with the same rights and protections as a marriage, but only on a state level rather than a national level. Couples seeking a civil union must apply for a license, similar to a traditional marriage. Since civil unions are only recognized at the state level, they don't offer certain federal protections and benefits, such as the ability to file jointly on federal taxes or receive certain veteran's benefits.
In Colorado, both opposite-sex and same-sex couples qualify for common-law marriage if both individuals meet certain requirements, including being at least 18 years old, not being in a marriage or domestic partnership with a third party, and consenting to being committed to one another. Spouses in common-law marriages can file jointly in Colorado if they also file jointly on federal tax returns, and they must divide their property through a process called "equitable distribution" during a divorce.
It's important to understand the differences between common-law marriage and civil unions, which are both alternatives to traditional marriage, if you and your loved one are considering your legal options for uniting.
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Frequently asked questions
Yes, common law marriage is recognised in Colorado.
The requirements for a common law marriage in Colorado include: both parties being at least 18 years old, neither party being married to someone else, both parties consenting to be married, and both parties acting like a married couple.
There are several pieces of evidence that can be used to prove a common law marriage in Colorado, including joint finances, listing each other as spouses on insurance and other documents, and referring to each other as spouses in public.
Cohabitation is not required for a common law marriage in Colorado, but it is a relevant factor. There is also no specific duration of cohabitation required.
Yes, Colorado recognises common law marriages for both opposite-sex and same-sex couples.
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