The state of Colorado recognizes Common Law Marriage, however, if legal questions about the “marriage” arise, it is important to have a Colorado family law attorney help you with the legal issues. At the law office of Peter Loyd Weber & Associates, we have experience representing clients in all family law matters, including common law marriages. Call us at (720) 863-7755 for a free consultation to see how we can help you today!
Frequently Asked Questions
Q: How long must we have been together to be considered married by common law?
A: There is no time requirement for considering whether you and your partner are in a common law marriage. There are other, multiple factors when a court considers whether a couple is married by common law.
Q: What are some of the factors a court considers when determining if a common law marriage exists?
A: A court will consider many things, including whether the couple “held themselves out” as a married couple, whether they considered themselves married, whether you filed tax returns together, and whether you exchanged benefits as a married couple would (i.e. health insurance through work).
Q: If we believe we are married by common law, do we have to get an actual divorce?
A: There is no such thing as a common law divorce. Once you are determined to be married by a court, or if you believe you have a common law marriage, you must get a decree from the court to be divorced. The court will then decide the typical divorce issues: issues involving any minor children of the marriage, property and debts, maintenance (insert link), and any other issues needing resolution.
Q: If we moved to Colorado from another state and believe we had a common law marriage there, is that marriage valid in Colorado?
A: If the state from which you moved recognizes common law marriages, then moving to Colorado will not change that status. However, if the state from which you moved does not recognize common law marriages, then you must “become” “married” in Colorado for the marriage to be valid; this could include becoming married via common law in Colorado.