Understanding Common Law Marriage in Colorado
Common law marriage in Colorado establishes the same legal rights for couples as those participating in ceremonial marriage traditions. Like all married couples, complex legal matters can arise for common law couples.
Recognizing your rights in a common law marriage can help when a relationship ends, a partner dies, or other legal challenges arise. Understanding common law marriage in Colorado requires knowledge of the state’s family laws.
What Are the Criteria to Be in a Colorado Common Law Marriage?
Each partner in a relationship must meet these criteria to be common law married in Colorado:
- Not married to anyone else
- Publicly identify as a spouse to their partner
- Live together at the same permanent address
- Be known in the community as married to each other
- Consent by each individual to the agreement
Failing to meet all criteria may remove the legal rights of marriage afforded to partners in a ceremonial marriage. Statutory requirements under C.R.S. §14-2-109.5 instructs that each party in a common law marriage is 18 or older, is not in another legal marriage, and the relationship is not incestuous.
How Can I Prove I am in a Common Law Marriage in Colorado?
There are various types of documentation or evidence you can use to prove that a common law marriage exists with a partner, which may include:
- Public references to the other partner as a spouse
- Identifying as married when filing joint tax returns
- Maintaining joint finances, such as banking accounts or credit cards
- Joint estate planning
- Creating joint utility accounts
- Wearing rings
- Owning assets together
- Sharing a common last name and giving it to any children from the relationship
- Designating a partner as a beneficiary on financial documents
Establishing proof of common law marriage can provide each partner with legal benefits and protections in Colorado. Numerous scenarios can benefit from an individual proving their status as a common law spouse. Same-sex couples may also benefit from laws protecting individuals in a common law marriage.
How Can I End a Colorado Common Law Marriage?
Because a common law marriage is a legal contract, like a ceremonial marriage, partners must initiate a formal legal action to dissolve the relationship. Moving to another state or leaving does not dissolve the marriage. You will need to file the following documents to get a divorce in Broomfield, or anywhere else in Colorado:
Filing for a divorce or separation without your partner requires the individual seeking a divorce to also serve a summons to the respondent. You cannot personally serve a summons to your partner.
What Rights Do I Have If a Common Law Marriage Ends?
When couples decide to divorce, Colorado family laws establish orders overseeing the division of assets, spousal support, child custody, and child support. Partners in a common law marriage may encounter the same legal processes as couples in formal relationships who wish to dissolve a marriage.
Post-decree modification and enforcement can be necessary when a common law spouse is in contempt of court and refuses to follow court orders. Move-away disputes in Colorado can require legal intervention when a parent from a former common law marriage breaks Colorado’s relocation laws.
The law protects individuals in common law marriages like couples participating in formal marriage ceremonies. However, for these protections to exist, you must be able to prove a common law marriage in Colorado and meet the statutory guidelines. Learn more about how Colorado family law applies to common law marriage by speaking to our experienced team of Broomfield family law attorneys.