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Only 7 states and the District of Columbia still allow people to become common law married in 2024.  Colorado is one of those states,  but it’s not as simple as just living together for a certain number of years. In fact, the laws governing common law marriage in Colorado can be extremely complicated, and it’s essential to understand how the state approaches this unique form of partnership.

If you’re in a long-term relationship and wondering if you’ve entered into a common law marriage or if you’re facing disputes regarding the validity of such a relationship, it’s a good idea to consult with an experienced family law attorney.

What is Common Law Marriage?

Common law marriage is a way for couples to become legally married without going through the formal process of obtaining a marriage license or having a ceremony. Instead, the couple must meet certain criteria and present themselves as married to the public.

Requirements for Common Law Marriage in Colorado

In Colorado, several requirements must be met for a common law marriage to be recognized by the court:

1.    Age Requirements: Both parties must be at least 18 years old.

2.    Cohabitation: The couple must live together openly and continuously in Colorado.

3.    Intent to Marry: The couple must have the intent to be married and present themselves as a married couple to others.

4.    Holding Out: The couple must “hold themselves out” as married, meaning they refer to each other as spouses, file joint tax returns, and present themselves as married in their community.

How to Prove a Common Law Marriage in Colorado

If you believe you’re in a common law marriage or are facing a legal dispute about the validity of your marriage, proving the relationship can be challenging. Unlike a traditional marriage where you can rely on a marriage certificate, common law marriages require you to provide evidence of the relationship. This evidence may include:

●      Joint financial records: Shared bank accounts, joint tax filings, or property records can demonstrate that the couple presents as married.

●      Testimonies: Friends, family members, or co-workers may provide testimonies about how the couple has presented themselves to the public.

●      Living arrangements: Proof that you’ve lived together as a couple for a substantial period of time.

●      Other public documentation: This might include wills, insurance policies, or documents where the couple is identified as married.

There isn’t one single criterion that’s listed above that will cause the Court to determine that a couple is common law married on its own.  It is a totality of the circumstances.  However, things that will generally be given more weight are how do the parties hold themselves out to the government and to employers.  Do they file their taxes as Single or Head of Household, or do they file as Married filing Jointly or Separately?  Does one of the parties list the other one as their spouse for benefits purposes at their job?  If someone is receiving public benefits, is everyone listed as single or married with the county benefits office?  Again, while none of these examples on their own will be solely determinative to a common law marriage status, these three will be given more weight than some of the other factors.

Rights and Responsibilities of a Common Law Marriage

Once a common law marriage is established, the couple enjoys the same legal rights and responsibilities as a couple who is formally married. These include:

●      Property rights: Both partners have equal rights to any property acquired during the marriage.

●      Spousal support: In case of a divorce, one spouse may be entitled to spousal support.

●      Inheritance: A common law spouse is entitled to inherit property from their partner if no will exists, just like a formally married spouse would.

Ending a Common Law Marriage in Colorado

Just as with a formal marriage, a common law marriage can only be dissolved through divorce. The couple must go through the same legal process, which includes dividing assets, determining child custody (if applicable), and resolving any other issues related to the marriage.

Seeking Legal Clarity with Colorado Springs Family Law Attorney

If you’re dealing with the complexities of common law marriage in Colorado, having an experienced attorney on your side is essential. Andrew Bryant, a seasoned Colorado Springs family law attorney, is committed to providing clear, practical legal solutions for couples in these situations.

Whether you’re trying to prove the validity of your common law marriage, address issues like property division, or handle the intricacies of a divorce, Andrew Bryant Law is here to help. Call us at 719-634-7353 to discuss your situation, or fill out the online form for a prompt response. Let us help you resolve your legal matters with confidence.