Helping Our Clients Establish Their Marriage in the Eyes of the Law
Wonder if you qualify for common law marriage? Do you need a divorce from your common law spouse? In Colorado common law marriage is still recognized, but to qualify as being common law married, you and your spouse must meet certain conditions. The attorneys at KHM Law are well-versed in litigating common law marriage issues and can explain the law and advise you appropriately.
What Is Considered Common Law Marriage in the State of Colorado?
In Colorado, a common law marriage can occur when a couple lives together and hold themselves out as being married to family, friends, and the general public.
In Colorado, there are a few general requirements for a common law marriage to be valid. These include:
- Both parties were legally able to marry;
- Both parties cohabitate (live together) as husband and wife; and
- Both parties hold themselves out as spouses.
There are no time limits on how long you must live together to be considered common law married in Colorado.
How Can You Prove a Common Law Marriage?
To prove that you are common law married, you will need to present proof to the Court that you and your spouse hold yourselves out as a married couple. Some examples (but not all) of how to do this are: (1) proof of a matrimonial ceremony; (2) wedding rings; (3) filing taxes as a married couple; (4) referring to each other as husband/wife; (5) owning property together; and others. It is best to consult with a firm like KHM Attorneys at Law, which focuses on family law, and has attorneys who know the questions to ask and the evidence needed to prove a common law marriage.
How Do You Get a Common Law Marriage Certificate in Colorado?
Although it is not required, couples who are common law married can file their marriage with the state. The State of Colorado will allow a married couple to sign an Affidavit of Marriage in front of a Notary Public and file it with the County Clerk’s and Recorder’s Office; however, this affidavit alone, without any other evidence to support a common law marriage is likely insufficient, by itself, to establish a common law marriage.
Do You Need a Divorce for Common Law Marriage in Colorado?
Since Colorado does not have a common law dissolution, the couple would need to file for a divorce if they would like their common law marriage to end. Common law marriages have special requirements for divorce that help protect your interests. KHM Attorneys at Law is a firm that understands these requirements and can guide you through the process. Our attorneys have litigated numerous cases dealing with complex issues related to common law marriage.
