9th Mar 25 3:06 am
JamieWhen most people think of marriage, they most likely imagine a wedding or other ceremony and official legal status as a married couple. This is generally the most common way of entering a marriage agreement, if not in a formal ceremony, then at least in a courthouse. In the case of common law marriage, however, this may not be the case.
Colorado law recognizes common law marriages, despite the lack of official records or a marriage license. Many of the same marital rights that apply to formally married couples also extend to common law marriages. Understanding what constitutes a common law marriage and what does not could help clarify legal issues for you and your spouse in the future.
A skilled Colorado family lawyer from Colorado Divorce Law Group could help explain the legal particulars of common law marriages and their implications for spouses. Consider scheduling a consultation today by calling (720) 593-6442 for more information.
The government generally recognizes marriage by way of a marriage license. This is signed and witnessed as proof to the government of a marital union and therefore extends certain rights and protections to the couple. This is called a formal marriage and may have implications for taxes, jointly owned property and accounts, estate planning documents, and more.
However, this is not the only legal form of marriage that is recognized by the state of Colorado. Common law marriages often do not involve marriage licenses, official ceremonies, and court records. They are more of a de facto form of marriage, born out of couples living as spouses and presenting themselves as such despite lacking official documentation. A relationship must meet certain criteria to qualify for a common law marriage status, and understanding what qualifies and what does not may help point to an individual’s rights in a given situation.
How does one enter into a common law marriage? To understand this question, one must explore the requirements and expectations of a common law marriage. In general terms, there are only two restrictions on a common law marriage. The couple must be legally able to marry, which means they must not be below the legal marriage age, engaged in a previous marital relationship, or blood relatives of one another.
However, according to the Colorado Department of Revenue, several more expectations may need to be met before a common law marriage is considered valid. These expectations are that the couple cohabits, presents themselves as married to their community, and mutually consents to being spouses.
For more information on what constitutes a common law marriage, consider a consultation with an experienced Colorado family law attorney from Colorado Divorce Law Group.
One of the difficulties with common law marriage is that no one factor proves or disproves the marriage. As these marriages are often established retroactively, rather than by signing an official document, the process of establishing a common law marriage generally involves building a case with evidence to support a claim.
To prove a common law marriage to the court, according to Colorado Legal Services, there are pieces of evidence that can be incredibly helpful in establishing a case. Cohabitation, joint ownership of property, and joint tax filings can all point to a common law marriage. Additionally, the opinion of the community is often vitally important to this argument. If the couple has presented themselves as spouses and the community they surround themselves with also reflects that opinion, it may help to sway the court.
As common law marriages are recognized by the state of Colorado, they provide a certain measure of spousal rights to each individual. These are generally most relevant in the cases of probate disputes and divorce. If a spouse from a formal marriage has a certain entitlement or right, a common law spouse will also have these same protections. Additionally, common law spouses have a right to divorce, assuming a common law marriage can be proven.
While the marriage itself may have been unconventional in the eyes of the state, common law marriages are no less valid than formal marriages. This means that the divorce process for common law spouses will often look very similar to a standard divorce. Generally, the largest unique complication will be the validation of a common law marriage should a divorce go to trial. One spouse may argue that a divorce is not viable because they were never married in the first place. However, assuming a common law marriage can be established, the divorce can proceed to discuss issues such as equitable property division, child custody, spousal support, child support, and the like.
Listed below are several frequently asked questions about common law marriages in Colorado.
Yes. A common law marriage is just as valid as a formal marriage, so one may need to pursue a divorce to officially end the relationship.
There is no set time frame required to establish a common law marriage. Couples could be common law married within a month, or spend thirty years together and not be considered married. The deciding factor in a common law marriage is the decisions made by the couple and whether or not they consider themselves to be married.
No. Having a child does not automatically create a common law marriage. While it may contribute to the evidence required to prove a common law marriage, the other elements that define a common law marriage must also be present.
Common law marriages are a unique form of relationship that may influence other aspects of a relationship, such as divorce or estate planning, in interesting ways. Such a relationship may also provide unique benefits and help protect the rights of those who did not have a formal ceremony or official documentation. Being aware of the nuance of Colorado family law may help clarify the implications of a common law marriage. A hardworking family law attorney from Colorado Divorce Law Group may be able to help explain the details of common law marriage and help compile evidence to prove one. For more information, consider scheduling a consultation by calling the office at (720) 593-6442.
