Understanding Colorado’s Common Law Marriage Provisions

What is Common Law Marriage?

Historically, common law marriage has been a recognized way of establishing a marriage without a marriage certificate or formal ceremony. In fact, most of the United States has abandoned common law marriage in favor of the modern requisite for a marriage license and celebrant. However, Colorado remains one of the few states that still recognizes common law marriages as valid under the law. This creates unique issues for Colorado residents who have not participated in a formal wedding ceremony, but believe they are married under the common law in the State of Colorado.
Common law marriage is defined as the mutual agreement between two parties to enter into a marital relationship, and the assumption of that marital status by the parties. However , there are specific requirements for a valid common law marriage. Those requirements include:
A common law marriage in Colorado is treated nearly the same as a formal, ceremonial marriage. The only difference is the steps necessary to terminate a common law marriage. In order to terminate a common law marriage, the parties must obtain a divorce.
All of these rules assume the individual has obtained enough identified residency within Colorado to obtain a common law marriage. Those who enter into a marriage in Colorado and later move out of the state are no longer eligible for a common law marriage in Colorado. Rather, the jurisdiction, or state, where the individual has moved would be where the parties obtain a formal divorce.

Colorado’s Common Law Marriage Criteria

As is the case with most common law marriage jurisdictions, Colorado requires couples to meet certain criteria for a common law marriage to take place. Most significantly, couples in Colorado must demonstrate the following:
The general rule in Colorado is that two people can be found to have established a common law marriage if they fulfill all of the criteria described below.

1. Mutual Consent

The most important factor that needs to be determined is whether the individuals agreed among themselves to be married.

2. Cohabitation

The couples must have continuously cohabitated as husband and wife in their living arrangement.

3. Public Representation

The final requirement for couples to be found to have established a common law marriage is that they must have publically represented themselves to be married with intent that they actually be married.

Rights and Obligations

Typically, common law marriages afford spouses with the same legal rights and responsibilities as traditional marriages in Colorado. That is, if two people are found to be in a common law marriage, they are able to decide to divorce on the same grounds as any other marriage.
When a common law couple decides that they no longer wish to be married, like all other married couples, they must divide their assets and debt, custodial responsibilities, and the like. While the division of joint property and debt is often contentious, the more serious issues have been associated typically with children.
In some instances, as divorces can get ugly, one spouse may try to eliminate the existence of a common law marriage and deny the other of their legal rights to alimony, child support, and childcare responsibilities. Admittedly, this is an easier task for those who have not gotten legal assistance or have not filed a declaration about the dissolution of their marriage. In general, the common law spouse who is attempting to argue that no common law marriage existed has the burden of proof to show that their beliefs and those of their spouse were not aligned.

Common Law Marriage Dissolution

To dissolve a common law marriage in Colorado, a party must go through a formal divorce proceeding before the district court. The child support, spousal maintenance (alimony), division of property and debts , and allocation of parental rights and responsibilities are determined according to Colorado statutory law. A common law spouse does not have more rights than a spouse who was married pursuant to a certificate. Conversely, a common law spouse does lose all of the statutory protections a spouse has if the parties never legally entered into a marital relationship recognized by a state.

Controversy and Confusion

While the concept of a common law marriage is relatively simple, its application can prove problematic. This is often due to the misunderstanding of what constitutes a common law marriage and how it is treated under Colorado law. One of the biggest challenges users have with a common law marriage is the standard for proving that such a relationship exists. Generally speaking, a couple is not required to sign any document indicating that they are married, nor do they have to purchase a ring or hold a ceremony in order to demonstrate a significant other status. To legally confirm that the two share a bond that resembles marriage, parties must present evidence that they are of legal age and competent mental state, cohabitate (abode), jointly hold themselves out to the public as a married couple, and lastly that they intend to be married and are free to marry. This means that even if you have lived with your partner for many years, you could be considered single should you decide to divorce or separate. The misconception surrounding the time frame in which you live together to affirm that you are married typically comes from the 1917 case of People v. Huemmler which says that anything less than a year is a presumption of singlehood rather than a marriage. Of course there are exceptions to this as most laws do not account for every important detail. For example, if you have children with your partner, then there is legal interpretation that is issued by the state.

Consulting an Attorney

If you believe that you may have a common law marriage or expect to enter into one, it’s always best to seek legal advice, particularly if you own, or plan to purchase, significant property together or if there are children you’re responsible for. Also, because Colorado’s common law marriage rules are not always known by all courts and agencies tasked with deciding issues involving common law marriages, it’s vital that you seek out a lawyer who knows how to advocate for you if a dispute arises.
In many instances , the largest asset involved with a common law marriage is real property. Disputes often arise regarding its value, the way the property should be owned and/or the ability of one party to buy out the other’s interest in the property. A lawyer can help you evaluate the issues before you, and represent you when they must be resolved. Remember – a common law marriage can’t be dissolved until it has existed for twenty years and only then if the parties are over 50. Who wants to be tied to a spouse for twenty years if they aren’t really married?