Colorado Common Law Marriage Lawyers
Common law marriage is a legal status that is formed when two individuals live together and hold themselves out to the public as a married couple, without obtaining a marriage license or having a formal marriage ceremony.
Common law marriage is recognized in the state of Colorado. Colorado is one of only 9 states that still recognize common law marriage. The other states are: Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Utah, and Texas.
A common law marriage is intentional, not accidental. “A common law marriage is established by the mutual consent or agreement of the parties to be husband and wife, followed by mutual and open assumption of a marital relationship.”
Factors the Court Would Consider in Determining a Common Law Marriage
- Evidence of Shared Financial Responsibility: Such as leases in both partners’ names, joint bills, or other payment records;
- Evidence of Joint Estate Planning: Including wills, powers of attorney, beneficiary and emergency contact designations;
- Symbols of Commitment. Such as ceremonies, anniversaries, cards, gifts, and the couple’s references to or labels for one another.
- Beliefs Held Regarding Marriage. The courts should also consider the parties’ sincerely held beliefs regarding the institution of marriage;
- Focus on Couple’s Conduct and Attitude During the Relationship. While the inquiry should focus on the couple’s conduct and inquiry during the relationship, a party’s behavior when a relationship ends may be instructive;
- Importance of When a Partner Asserts the Common Law Marriage. A partner who asserts a common law marriage years after the couple broke up has a less credible claim than one who promptly asserts spousal status for dissolution or probate purposes.
- Importance of Conduct When Relationship is Breaking Down. Conduct inconsistent with marriage that occurs as a relationship is breaking down does not negate a finding of common law marriage where there is evidence of the parties’ earlier mutual agreement to be married. In other words, infidelity, physical separation, or other conduct arising as the relationship is ending does not invalidate a couple’s prior mutual agreement to enter a common law marriage.
What Our Clients Say About Us
Most Common Evidence for Establishing Common Law Marriage Are As Follows:
- Joint banking and credit accounts;
- Purchase and joint ownership of property;
- The use of the man’s surname by the woman;
- The use of the man’s surname by children born to the parties;
- The filing of joint tax returns;
- Applications for forms related to medical care or insurance;
- Greeting cards addressed to “my husband” or “my wife;”
- Giving, receiving, and wearing of rings;
- Photographs, social media postings, showing or talking about marriage;
- Holding a wedding like celebration, ceremony or annual marital rituals celebrating anniversaries;
- Applications and/or affidavits for medical or life insurance;
Once Common Law Marriage is established the couple has the same legal rights and responsibilities as couples who have obtained a marriage license and had a formal ceremony. If you’re seeking to establish or dispute a common law marriage in Colorado, it’s important to consult with an experienced family law attorney who can provide you with guidance and representation throughout the legal process. At Nexus Family Law Group, we have years of experience handling common law marriage cases in Colorado, and we’re dedicated to helping our clients achieve the best possible outcome in their case.
Our Attorneys
Elizabeth Gregory
Member & Managing Partner
Yasaman Saeedasr
Member & Managing Partner
Frequently Asked Questions
What are the rights and responsibilities of common law marriage?
In Colorado, common law spouses have the same rights and responsibilities as legally married couples. This includes property rights, the right to spousal support, and the right to inherit from one another.
How do you dissolve a common law marriage in Colorado?
To dissolve a common law marriage in Colorado, you must go through the same legal process as a traditional divorce. This includes filing a petition for dissolution of marriage, dividing property, and determining spousal support and child custody if applicable. However, first you need to establish that you and your spouse has entered into a common law marriage.
How Nexus can help
We offer a wide range of services to assist you with common law marriage including:
Establishing common law marriage
If you’re in a committed relationship and are seeking to establish a common law marriage, our attorneys can help you navigate the legal requirements for doing so. We can assist you in proving that you meet the necessary elements of mutual consent, cohabitation, public recognition, and intent to be married, and can help you file the necessary paperwork with the court.
Disputing common law marriage
If you’re disputing the existence of a common law marriage, our attorneys can help you build a strong case to prove that no common law marriage exists. We can assist you in gathering evidence, such as witness statements or documentation, to support your case and can represent you in court if necessary.
Providing legal guidance
Common law marriage can be a complex legal issue, and it’s important to have a knowledgeable attorney on your side who can guide you through the process. Our attorneys can provide you with legal advice and guidance throughout your case, ensuring that you have a clear understanding of your rights and options.
If you’re seeking to establish or dispute a common law marriage in Colorado, it’s important to consult with an experienced family law attorney who can provide you with guidance and representation throughout the legal process. At Nexus Family Law Group, we have years of experience handling common law marriage cases in Colorado, and we’re dedicated to helping our clients achieve the best possible outcome in their case.
Our Practice Areas
We are here to give you the legal representation that you deserve.