Colorado Common Law Marriage
In Colorado, a marriage license is not the only path to being legally married. Colorado is one of the few states who continues to recognize common law marriage, a legal status that grants couples the same rights and responsibilities as those joined in a ceremonial marriage. However, establishing or dissolving a common law marriage involves navigating a complex, fact-specific legal landscape. It is not a simple analysis based upon one fact, such as cohabitation.
Whether you need to prove your marriage exists to secure benefits or formally end the relationship through divorce, the experienced family law attorneys at H&H Law can provide the expert guidance you need.
What is a Common Law Marriage in Colorado?
A common law marriage is not based on the duration of cohabitation but on the couple’s mutual intent and agreement to be married. Contrary to popular belief, there is no specific time—seven years or otherwise—that a couple must live together to form a common law marriage in Colorado.
The core of a common law marriage is a present agreement to be married and a public representation of that agreement.
The Modern Legal Standard: The Hogsett Factors
In 2021, the Colorado Supreme Court updated the framework for analyzing common law marriage claims in the case of In re Marriage of Hogsett, 484 P.3d 694 (Colo. 2021). The court moved to a more flexible “totality of the circumstances” test, focusing on whether the parties’ conduct demonstrated a mutual agreement to enter a marital relationship.
A court will examine various factors to determine if a common law marriage exists, including:
- Shared Finances: Joint bank accounts, credit cards, and shared financial responsibility.
- Joint Property: Co-ownership of real estate, vehicles, or other significant assets.
- Public Representation: Holding yourselves out as a married couple to your community, friends, and family. This can include using the same last name, referring to each other as “my husband” or “my wife,” and listing each other as spouses on documents.
- Symbols of Commitment: The exchange or wearing of rings.
- Official Documentation: Filing joint tax returns, listing each other as spouses on insurance policies, retirement accounts, or emergency contact forms.
- Reputation in the Community: Evidence from friends, family, or colleagues who can testify that they considered you to be married.
No single factor is determinative. A judge weighs all the evidence to decide whether the parties intended to be married.
How to Prove a Common Law Marriage in Court
Proving the existence of a common law marriage requires presenting clear and convincing evidence to the court. Our attorneys at H&H Law are skilled in gathering and presenting the necessary proof, which often includes:
- Financial Records: Joint tax returns, bank statements, and loan applications.
- Property Deeds & Titles: Documents showing co-ownership of a home or vehicle.
- Insurance & Employment Forms: Paperwork naming a partner as a spouse for benefits.
- Witness Testimony: Statements from friends, family, and coworkers.
- Personal Correspondence: Emails, text messages, or social media posts that refer to the marriage.
- Affidavit of Common Law Marriage: While helpful, this document alone is not sufficient proof. It is one piece of evidence a court will consider.
Ending a Common Law Marriage: It Requires a Divorce
A common law marriage is a legal marriage. Therefore, it can only be terminated through a formal legal process: a Dissolution of Marriage. There is no “common law divorce” in Colorado.
The divorce process for a common law marriage is identical to that for a ceremonial marriage and involves resolving key issues, including:
- Division of Marital Property and Debt
- Spousal Support (Maintenance)
- Allocation of Parental Responsibilities (if children are involved)
- Child Support (if children are involved)
The first step in a divorce proceeding is often proving the marriage existed in the first place, making skilled legal representation essential.
Expert Guidance for Your Colorado Common Law Marriage Case
Navigating the nuances of common law marriage requires a deep understanding of Colorado law and trial experience. The attorneys at H&H Law have successfully litigated numerous cases involving the establishment and dissolution of common law marriages. We know the evidence courts look for and how to build a compelling case to protect your rights.
If you believe you are in a common law marriage or need to dissolve one, contact our office today 719-626-4661 or contact us online for a consultation to understand your legal standing and strategize your next steps.
