Colorado is one of the few states that recognizes common-law marriages in the United States. Couples in these types of unions typically don’t get married through a formal ceremony. However, under Colorado law, a common-law marriage is the same as a ceremonial marriage, and the only way to terminate it is through a divorce.
Laws surrounding common-law marriage can be incredibly frustrating for couples trying to handle these legal matters on their own. If you are in a common-law marriage or you are considering filing to end your marriage, contact us for a free consultation today.
Proving a Common-Law Marriage Exists
It can be challenging to prove that you are in a common-law marriage, since much of the proof is based on each person’s intent and actions in the relationship. These couples don’t have a legal marriage certificate or marriage license to prove their union, as in typical marriages.
Additionally, simply living together does not establish a common-law marriage. Because of this, if the relationship dissolves, one person in the marriage might try to claim that they were never actually married.
Under Colorado law, a couple is common-law married if they mutually consider themselves married and introduce themselves to the community as such. Neither person can already be legally married to someone else; they must both be at least 18 and typically live together at the same address.
Other factors include comingling of assets, sharing joint accounts, filing taxes jointly, and listing each other on insurance or similar documents as each other’s spouse.
Common-law marriage does not require a specific number of years together or a child in common to be considered valid. Rather, it’s based on the couple’s express agreement to be husband and wife in a committed relationship.
Dissolving a Colorado Common-Law Marriage
If you are in a common-law marriage and wish to end it, you will need to go through the same divorce process as couples who were married ceremonially. This includes dividing marital assets and debts, determining child custody and visitation rights, and possibly paying or receiving spousal support.
A common-law marriage is the same as a ceremonial marriage. If one or both spouses can establish that they were in a common-law marriage, then they must get a formal divorce decree or decree of dissolution of marriage, which includes directives on spousal support, parental responsibilities, child support, debt allocation, property division, and other legal matters.
Annulment
Beyond a divorce, a couple might have other options to dissolve a marriage, the same as those available for ceremonial married couples. For one, they might be able to file for an annulment when one or both partners claim the marriage was invalid under the law. However, an annulment is often used in very brief marriages.
Legal Separation
Another option might be a legal separation. In this case, the court issues a legal order dividing property between the spouses, establishing parental rights, determining child support obligations, and so on. However, with a legal separation, neither spouse is allowed to remarry, but they may be able to preserve certain benefits, such as insurance coverage and pension benefits.
Time Requirements
Colorado law requires that at least one party has lived in the state for a minimum of 91 days before filing for divorce. Additionally, once the divorce papers are filed, there is a mandatory 91-day waiting period before the divorce can be finalized.
Colorado is a no-fault divorce state, meaning neither party needs to prove fault to file for legal separation or divorce.
Remember, every case is different. The process can be long and emotionally draining. That’s why it’s essential to have an experienced family law attorney to guide you through each step of the process.
Contact Us for a Free Consultation
At Halligan LLC, we understand that dissolving a common-law marriage can be just as stressful and complicated as any other divorce. Our lead Colorado common-law marriage lawyer, Gavin Halligan, has experience guiding couples through a number of legal disputes.
Whether you need help proving a common-law marriage, going through the divorce process, or dealing with related disputes, such as child custody or property division, we’re here to help. Don’t face these challenges alone. Contact us today for a free consultation.
Frequently Asked Questions About Common Law Marriage in Colorado
How does common law marriage work in Colorado?
A common law marriage in Colorado is legally valid when a couple demonstrates a mutual agreement to be married and lives as a married couple. There is no need for a marriage license or religious ceremony, but the relationship must meet the following requirements under Colorado law—a shared intent to be married, open assumption of that status, and evidence such as joint bank accounts, joint bills, or the use of a spouse’s surname.
What proof is needed to show a valid common law marriage existed?
To prove that a common law marriage existed, courts look at the evidence of a mutual agreement, financial responsibility, and open assumption of marriage. Examples include filing joint tax returns, owning property together, or using joint ownership for major assets. A court’s evaluation of the indicators as a whole determines whether a valid common-law marriage was established. They also look to see if the parties had any sort of ceremony.
Can same-sex couples have a common law marriage in Colorado?
Yes. Same-sex couples can form a valid common law marriage in Colorado. The Supreme Court has affirmed that all couples have the same rights to enter into a legal and social institution of marriage, whether through a ceremonial marriage or a common law one.
What are the rights of common law spouses?
Common law spouses share many of the same legal rights and responsibilities as those in a traditional marriage. These include rights to inheritance, property division, and spousal support upon divorce. They may also be eligible for social security benefits and recognition by the Social Security Administration as a spouse.
How can I prove I’m common law married for benefits or taxes?
If you are considered married under Colorado law, you may file jointly on tax returns, participate in joint estate planning, and claim spousal benefits under Social Security. The court or government agencies often rely on documents like joint bank accounts, joint bills, or declarations of a committed relationship to verify your status.
Can a common law marriage end without a divorce?
No. Once a common law marriage is recognized, it is treated as a valid marriage under the law. This means the parties must go through the formal divorce process to dissolve it and address property, financial responsibility, and mutual obligations—just like in a ceremonial marriage.
What happens if one partner denies the marriage existed?
If one partner denies that a common law marriage existed, the court will look at the totality of the circumstances, including cohabitation, joint accounts, mutual support, and whether the couple held themselves out publicly as spouses married. An attorney can help gather the evidence to prove the union and fight for your rights.
