Colorado holds a unique spot in the history of marriage in the United States. In the 1800s, the state recognized common law marriage as legally equivalent to a ceremonial marriage. Today, it is part of a small club of only seven states, plus the District of Columbia, that still allows individuals to enter such marriages.
To put this into perspective, about 15 percent of Americans live in states where common law marriage is acceptable. With Colorado as one of these jurisdictions, questions about common law marriage aren't merely trivia here. The answers shape countless lives, and we're here to help you understand what they mean for yours.
What Are the Differences Between Common Law & Traditional Marriage?
A civil marriage – otherwise known as a traditional marriage – begins with a government-issued license, and the union is officiated by an authorized individual, be it a cleric, judge, or other legal authority. The marriage license and its recording act as evidence that the couple is legally married. Couples in a common-law marriage have no such documentation. Instead, their relationship is solidified through actions, agreements, and community recognition.
While traditional marriages provide a clear paper trail of obligations and protections, common law unions rely on the premise that couples treat their relationship “as a marriage.” This difference plays a significant role in cases of dissolution or estate planning because the burden of proof often falls on the individuals to substantiate that a common law marriage existed.
How Common Law Marriage Is Established in Colorado
In Colorado, establishing a common law marriage isn’t as simple as living together for a set number of years. Contrary to popular belief, cohabitation alone does not result in a common law marriage. There is no legal “time limit” required; a common law marriage can be established within a few months or years if other criteria are met. More importantly, these unions are voluntary and not imposed by default due to cohabitation alone. Both parties must agree to this form of marriage.
The state looks for specific elements based on legal definitions to determine if a common law marriage exists. A couple must mutually agree to be married and hold themselves out to the community as spouses. This includes behaviors such as introducing one another as “husband” or “wife,” combining financial resources, and co-signing leases or mortgages. Key to the concept is the term “reputation in the community.” This means that friends, family, coworkers, and other community members perceive the couple as married.
Legal updates have further expanded the understanding of common law marriage in Colorado. For instance, the Colorado Supreme Court’s 2021 decisions explicitly included LGBTQ couples within the framework of common law marriage. These cases affirmed that same-sex relationships can have the same status even before the landmark 2015 U.S. Supreme Court ruling on marriage equality.
Do Colorado Common Law Marriages Require Divorce?
The simple answer is yes. Common law marriages are legally binding in much the same way as traditional marriages. This means that if a relationship ends, couples must go through formal divorce proceedings. Colorado treats the dissolution of common law marriages under the same set of family law statutes applied to ceremonial marriages.
To initiate the divorce, one of the partners files a petition with the family court, citing the existence of the common law marriage. The court will then determine if the relationship met the legal requirements of marriage, and if so, proceed with the division of marital assets and responsibilities.
Ending a common law marriage without legal action can have far-reaching implications. Not formally divorcing means potential disputes over property, benefits, and future financial obligations remain unresolved. These unresolved issues can lead to prolonged emotional and financial stress, especially when children are involved.
Dividing Assets & Responsibilities in a Common Law Marriage Divorce
Colorado is an equitable distribution state, meaning marital property is divided based on what the court deems fair, though not necessarily equal. This principle also applies to joint debt, child custody, and spousal support.
Marital property encompasses assets acquired during the marriage, such as a home, savings accounts, or even retirement plans. Items gifted to one spouse or assets pre-dating the marriage are usually excluded, unless they became co-mingled in marital finances. Similarly, joint debt, such as loans or credit card balances, will be assigned to one or both parties based on income and ability to repay.
Child custody decisions rest on the paramount standard of what is in the best interest of the child. Colorado courts evaluate factors such as each parent’s role in caregiving, the child’s emotional and physical needs, and each parent’s ability to foster a meaningful relationship. Spousal support, or alimony, may also be ordered depending on the economic disparities between the partners.
How a Parker Divorce Attorney Can Help You with Your Common Law Marriage Split
Even with a clear understanding of your legal rights, the end of a marriage is rarely easy to manage alone. Divorce from a common law marriage, particularly when it involves contested property or custody arrangements, can be emotionally and legally taxing.
An attorney can act as both a guide and an advocate. Divorce involves documenting proof of the marriage, protecting your interests during asset division, ensuring child welfare considerations are thoroughly addressed, and negotiating spousal or child support where necessary. This is a process that benefits from thoughtful strategy, preparation, and experience.
Seeking to Dissolve Your Common Law Marriage? Secure Experienced Legal Help Today
Whether you need to prove a common law marriage or are seeking assistance with its dissolution, navigating the legal landscape is often overwhelming. Our Denver County family law lawyer, Attorney Kimberly N. Moreno, has worked exclusively on family law cases for the past ten years. She is here to provide accessible support through both in-person and virtual consultations, offering a responsive and empathetic approach tailored to your needs.
We’re ready to help you build a path forward that prioritizes your well-being. Call (303) 590-3690 or contact us online today.