Colorado Common Law Marriage
Our Family Law Attorneys Can Determine if You Are in a Common Law Marriage and Explain What This Means for Your Legal Rights and Obligations
Colorado common law marriage law makes it possible to enter into a legally recognized marriage without obtaining a marriage license. Spouses in a common law marriage relationship generally have the same legal rights and obligations as spouses who went through a ceremonial marriage—including the obligation to go through a formal divorce when they decide to bring their relationship to an end.
Colorado is one of several states that recognize common law marriages. If you are in such a relationship, you and your spouse have the same rights (and the same obligations) as spouses in a ceremonial marriage.
But, without a marriage license, proving that you are married can be challenging. This is especially true if your spouse disagrees that you are in a valid marriage. Our family law attorneys are available to help; and, if you need to seek a divorce or deal with any other marriage-related legal matter, we can help with this as well.
Understanding Common Law Marriage: When a Common Law Marriage Exists in Colorado
Although a marriage ceremony is not required to establish a legally recognized marriage in Colorado, there are requirements for establishing a valid common law marriage. While traditionally married couples can prove that they are married using their marriage license, common law spouses must be able to prove a mutual intent to enter into a marital relationship of mutual support and obligation, as well as conduct that supports this agreement. To prove this, the parties may provide evidence of the following:
- Evidence of shared financial responsibility.
- Evidence of joint estate planning
- Symbols of commitment
- Both parties have held themselves out as spouses in the community (they have maintained a “mutual and open assumption of a marital relationship”)
- Shared beliefs regarding the institution of marriage
A couple that meets these requirements may be considered married in a common law relationship under Colorado law. As noted above, this means that they have the same legal rights and obligations as other spouses, and they must go through the same legal process to seek a divorce.
A Common Law Marriage is Treated Equally to a Ceremonial Marriage in Colorado
From maintaining joint bank accounts and other joint financial accounts to establishing property rights and dealing with property division in the event of a divorce, spouses in a common law marriage are treated equally to spouses in ceremonial marriages in Colorado. Even without legal documents confirming their marriage, common law spouses are entitled to the legal benefits (and are subject to the legal consequences) of marriage under both Colorado and federal law.
Divorce for Common Law Spouses
When going through a divorce, common law spouses must comply with all of the statutory requirements that apply to spouses with ceremonial marriages. This is true for both opposite and same-sex couples. Among other things, this means that when going through a divorce, common law spouses must:
- Establish spousal support and child support (as applicable)
- Allocate parental responsibility (establish child custody)
- Address shared property ownership
For parents, Colorado law requires that all custody arrangements reflect the best interests of the children involved, and divorced parents must continue to provide mutual support for their children’s financial needs.
FAQs: Colorado Common Law Marriage
What if my significant other disputes my common law marriage claim in Colorado court?
If your significant other disagrees that you are in a common law marriage under state law—whether for legal purposes or otherwise—you should consult with an attorney about your legal options. Our attorneys are more than happy to sit down with you, learn about your situation, and then provide custom-tailored advice based on your individual circumstances.
Can common law spouses file jointly for tax purposes in Colorado? What are the other legal implications if we are common-law married?
Yes, common law spouses can file joint tax returns in Colorado. However, as the Colorado Department of Revenue makes clear, filing joint tax returns in Colorado is only an option when common law spouses have also filed jointly with the IRS.
Do common law spouses need to go through a formal divorce in Colorado?
Yes, common law spouses must satisfy the same legal requirements for getting a divorce as spouses who went through a formal ceremony. This is true for both opposite-sex and same-sex marriages in Colorado. Even if you and your spouse mutually agree that it is time to get divorced, it will still be important to hire an experienced attorney who can guide you through the process.
Speak with a Colorado Family Law Attorney in Confidence
If you would like to speak with one of our experienced family law attorneys, we invite you to get in touch. Call 303-593-1874 or inquire online to schedule a confidential consultation.