Understanding Colorado’s Law on Common-Law Marriages

Colorado is one of the few states in the United States that recognizes common-law marriages, which allows couples to be legally recognized as married without a formal ceremony or marriage license. Understanding Colorado's law on common-law marriages is crucial for couples living together who consider themselves married or are planning to live together.

Under Colorado law, a common-law marriage is established when a couple mutually agrees to enter a marital relationship, lives together, and presents themselves to the public as a married couple. There are two primary elements that determine the validity of a common-law marriage: cohabitation and the intent to be married. Let's break down these elements.

Cohabitation: To qualify as a common-law marriage in Colorado, the couple must live together. There is no specific time requirement for how long the couple must cohabit for their relationship to be recognized as a common-law marriage. However, couples must demonstrate that they share a domestic life together.

Intent: Both partners must have the intent to be married. This can be demonstrated through actions such as referring to each other as spouses, filing joint tax returns, or using the same last name. It’s important to note that the mere act of living together is not enough to establish a common-law marriage; there must also be clear intent to be married.

While there are no formal requirements, having documentation to establish the relationship can be helpful. This may include joint bank accounts, shared utility bills, or any other paperwork that indicates a cohabitating, committed relationship.

Once a common-law marriage is established in Colorado, it has the same legal standing as a traditional marriage. This means that both partners have the same rights and responsibilities, which can come into play in matters of divorce, property division, and decision-making in critical situations. Understanding these rights is essential, as they can differ significantly from the rights of unmarried couples.

If a couple in a common-law marriage decides to separate, they must go through the formal divorce process. This is because common-law marriage is recognized as a legitimate marriage under the law, and as such, parties are entitled to equitable distribution of property and may have claims for alimony, just like those in a conventional marriage.

It is also important to note that common-law marriages can be difficult to prove if there is a dispute. If a couple separates or if there’s a question about the validity of the marriage, either party may have to provide evidence of their cohabitation and intent to be married. Keeping thorough records and being clear about your marital status can be crucial.

Couples contemplating a common-law marriage in Colorado or those already in such a relationship should consider consulting with a family law attorney. An attorney can help clarify legal rights and obligations associated with common-law marriages and provide guidance on how to protect interests in the event of a breakup.

Understanding Colorado’s law on common-law marriages is essential for couples who wish to navigate the complexities of their relationship status. Being informed ensures couples can make empowered decisions regarding their future, rights, and shared lives.