Keith Mack
Common-law marriage in Colorado is a confusing topic for many as it is often misunderstood. Colorado is one of the few states in the US that recognizes common-law marriages. A common-law marriage is established when the parties mutually consent to be married and present themselves to the community as a married couple. The Supreme Court of Colorado only requires evidence of marital conduct to make a determination on a common-law marriage. Common-law marriages are treated exactly like legally sanctioned marriages in Colorado, so the parties will have to file for divorce and be subjected to the same litigation.
| Characteristics | Values |
|---|---|
| Recognition | Colorado is one of the few states in the U.S. that recognizes common-law marriages. |
| Legal Status | Common-law marriages are legal and binding in Colorado. |
| Requirements | Both parties must be at least 18 years old, neither can be married to someone else, and they must live together. They must mutually consent to be married and present themselves as a married couple. |
| Evidence | Evidence of a common-law marriage may include joint finances, cohabitation, and references to each other as spouses. |
| Termination | Common-law marriages can only be terminated through a formal divorce, similar to ceremonial marriages. |
| Rights and Responsibilities | Common-law spouses have the same rights, privileges, and responsibilities as couples in ceremonial marriages. |
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What You'll Learn
Common law marriage recognition in Colorado
Colorado is one of the few remaining states that recognize common-law marriage. Common-law marriage in Colorado is established when the parties mutually consent to be married and present themselves to the community as a married couple. It is important to note that common-law marriage does not require any license, ceremony, or documentation to be legal. However, if documentation is required, it is recommended that the couple file a signed, notarized affidavit with the County Clerk and Recorder in their county of residence.
To be considered a common-law marriage in Colorado, both individuals must meet specific requirements. Firstly, both people in the relationship must be at least 18 years old, and neither person can be in a marriage or domestic partnership with someone else. Secondly, both individuals must consent to being committed to each other and have a "mutual and open assumption" that they are conducting themselves as a married couple. This means that if both partners agree to be seen and addressed as married and behave in a way that reflects marriage, then common law applies.
It is important to note that cohabitation is not a requirement for common-law marriage in Colorado, and there is no specific duration required if cohabitation is present. Simply living together does not establish a common-law marriage. The determination of a common-law marriage is often made by a judge, and the court will consider various types of evidence to make this decision. This evidence may include the couple's references to each other, such as calling each other husband or wife, as well as factors like joint finances.
Once a couple is determined to be in a common-law marriage, that marriage must be officially terminated through a divorce before they can enter into another valid marriage or domestic partnership. This is because common-law marriages in Colorado are treated the same as legally sanctioned marriages, and the parties have the same rights, privileges, and responsibilities as couples in a ceremonial marriage.
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How to establish a common law marriage
Common law marriage in Colorado is a confusing topic for many 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.
A couple is considered common-law married in Colorado if they mutually agree to enter into a legal and social institution of marriage and then act on that agreement by behaving as a married couple. In other words, both individuals must consent to being committed to one another and have a "mutual and open assumption" that they are conducting themselves as a married couple. This means addressing and presenting themselves to the community as a married couple, for example, by calling each other husband and wife.
To establish a common-law marriage in Colorado, the following requirements must be met:
- Both individuals must be at least 18 years old.
- Neither person can be in a marriage or domestic partnership with a third party. They cannot already be legally married to someone else.
- Both individuals must consent to the agreement to be married and act on that agreement by behaving as a married couple.
- While cohabitation is not required, it is a relevant factor in determining a common-law marriage. However, there is no specific duration of cohabitation required.
- The couple may choose to file a signed, notarized affidavit with the County Clerk and Recorder in their county of residence to obtain documentation of their marriage.
It is important to note that if a common-law marriage is established in Colorado, it is legally binding and will need to be officially terminated through a divorce before either party can enter into another marriage or domestic partnership.
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Common law marriage termination
Common law marriage in Colorado is a confusing topic for many because of how many rumours and stories there are about what constitutes a common-law marriage. For example, simply living together for a certain period does not create a common-law marriage. While cohabitation is a relevant factor, it is not required, and there is no specific duration for cohabitation.
A common-law marriage is a marriage that is recognised 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. Common-law marriages are recognised by courts in Colorado even though they are not formally documented via a marriage license. Ending a common-law marriage follows the exact same process as any other divorce. If a court determines that a couple is common-law married, they will have to go through the courts to officially end the union.
Colorado is one of the few remaining states that recognises common-law marriage. The state handles legal matters related to common-law spouses similarly to matters in a traditional marriage. Both opposite-sex and same-sex couples qualify for common-law marriage if both individuals meet the following requirements: both people in the relationship are at least 18 years old; neither person can be in a marriage or domestic partnership with a third party; both people in the relationship must consent to being committed to one another; and both people must have a "'mutual and open assumption" that they are conducting themselves as a married couple.
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 mutual obligation. 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). There is no single element that will prove or disprove a common-law marriage. The court will consider all the evidence together.
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Common law marriage evidence
Common-law marriage in Colorado is a confusing topic for many 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 or domestic partnership, which is a different type of legally recognized relationship in Colorado.
Colorado is one of the few remaining states that recognizes common-law marriage, and it has done so since the late 1800s. Common-law marriages are recognized by courts in Colorado even though they are not formally documented via 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.
The two major components necessary to establish a common-law marriage in Colorado are the "mutual consent or agreement of the parties" and the "mutual and open assumption of a marital relationship." In other words, both people in the relationship must be at least 18 years old, consent to be committed to one another, and act like a married couple.
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). There is no single element that will prove or disprove a common-law marriage. The court will consider all the evidence together.
Evidence of a common-law marriage may include, but is not limited to:
- Witness testimony and documents
- Cohabitation
- Joint bank accounts
- Signing a document claiming to be married
- Filing joint tax returns
- Applying for benefits as married
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Common law marriage and cohabitation
Common law marriage in Colorado is a confusing topic for many 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 cohabitation or a civil union, which is a different type of legally recognised relationship in Colorado.
Colorado is one of the few remaining states that recognises common law marriage as legal and binding. It has done so since 1877. Common law marriage is established when the parties mutually consent to be married and present themselves to the community as a married couple. There is no requirement for a license, ceremony, or documentation, but if documentation is needed, the couple can file a signed, notarized affidavit with the County Clerk and Recorder.
To be considered a common-law married couple in Colorado, both individuals must meet the following requirements: both people must be at least 18 years old; neither person can be in a marriage or domestic partnership with a third party; both people must consent to being committed to one another; and both must have a "mutual and open assumption" that they are conducting themselves as a married couple. In other words, if both people agree to be seen and addressed as married, and both behave in a way that reflects marriage, then common law applies.
It is challenging to prove that a couple is in a common-law marriage, as much of the proof is based on each person's intent in the relationship. There is no single fact that proves or disproves a common-law marriage, and the official decision is usually made by a judge. The court will consider many types of evidence, including the couple's references to or labels for one another (e.g. calling each other husband/wife), cohabitation, joint finances, and more.
If a common-law marriage is deemed valid in Colorado, then all other states must recognise it as a marriage. However, if a couple wishes to terminate their common-law marriage, they must go through the same formal legal process of divorce as a couple in a ceremonial marriage.
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Frequently asked questions
Common law marriage in Colorado is a way for two people to enter into a marriage without a formal ceremony, marriage license, or documentation. A couple is considered to be in a common-law marriage if they mutually agree to be married and act like a married couple.
It can be challenging to prove a common-law marriage as it is often based on each person's intentions. However, courts will consider various types of evidence, including how the couple refers to or labels each other and whether they live together.
Couples in a common-law marriage in Colorado have the same rights, privileges, and responsibilities as couples in a ceremonial marriage. They are considered just as married as any other married couple and must go through the courts to settle major legal issues.
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