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Divorce Cases

• Division of Marital Property
• Alimony (Maintenance)
• Alternative Dispute Resolution
• Legal Separation
• Common Law Marriage

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Common Law Marriage

Colorado does recognize common law marriage, but many people misunderstand how those marriages happen. Common law marriage does not occur automatically in Colorado. It does not begin just by co-habitation (living together), regardless of how long that goes on. Instead, common law marriage occurs when a two parties- presumably a man and a woman, but call if that is at issue- express an intent to be married and hold themselves out to the community as married.

So for example if a couple participates in a marriage ceremony without obtaining a marriage license, then consistently describes themselves as husband and wife in all their dealings, a court would likely find a common law marriage exists.

Evidence of a common law marriage must be clear and consistent. So for example, if a couple participates in a marriage ceremony, introduces themselves as husband or wife to friends and family, but files tax returns or other documents as single or unmarried, a court may very well find no marriage.

Courts can consider many factors when determining whether to recognize a common law marriage. If you have questions about common law marriage in Colorado, feel free to call and speak to a qualified Colorado divorce attorney with experience litigating this issue in court by calling (720) 201-3802. Or simply click here to ask your legal question.