Understanding Colorado's Common Law Marriage Laws

The Drake Law Firm, P.C. helps couples in common law marriages obtain legal divorces.

Common Law Marriage in Golden, CO

Do you cohabit with another person that you consider your husband or wife, even though you aren’t legally married? If the other party also considers you to be his or her spouse, you are in a common law marriage. Common law marriages are legally recognized, and you can obtain a divorce if you’re ready for the relationship to end. However, the divorce process isn’t nearly as straightforward since you don’t have legal marriage documents.

Our Golden, CO, common law marriage lawyer is experienced in these relationships. We can gather evidence to prove the marriage and then negotiate or litigate the divorce. We can also help you determine if you’re eligible for child support, alimony, and more. Contact us for a consultation today.

Requirements for Common Law Marriage in Colorado

Common law marriage has been legal in Colorado since 1877, and the requirements are very basic. Your relationship is recognized as a common law marriage if both parties:

Consent to the marriage
Present themselves as married
Are 18 years or older, or have received consent if 16 or 17 years of age
Are unmarried

Evidence To Prove Common Law Marriage

Your Golden, CO, common law marriage lawyer will need to gather evidence to prove the marriage exists before you obtain a divorce. There are numerous pieces of evidence needed for these cases. Some possible evidence includes proof of cohabitation, shared bills, joint tax returns, joint bank accounts, and jointly-owned property. In addition, your attorney can show that you celebrate anniversaries and refer to each other as husband or wife in public.

If you held a commitment ceremony, you could also use that as evidence. In addition, your attorney might interview friends and family to prove that you acted as a married couple. If your lawyer can prove that you were in a common law marriage, you can then take steps to end the marriage.

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Common Law Marriage And Divorce

If the court decides that you are in a common law marriage, you can move forward with a divorce. The divorce process is the same for common law and standard marriages with one caveat. You’re only obligated to divide marital property when divorcing in Colorado. However, determining the start date of a common law marriage can be difficult. The other party might claim that property was acquired during the marriage when it was actually purchased beforehand. Your Golden, CO, common law marriage lawyer can provide evidence to help determine the start date of the marriage.

Along with dividing property, you will also decide on matters such as debts, child support, child custody, and alimony. Your attorney will represent you each step of the way, so you can reach a desirable outcome when the divorce is finalized.

What If You Weren’t In A Common Law Marriage?

Were you served with divorce papers, but you don’t believe you were married? You cannot enter into a common law marriage unless you agree to do so. Our Golden, CO, common law marriage lawyer can help you prove your case in court. First, we must show that you are not married to the other party. Then, we will work on dismissing the divorce case, so you won’t have to divide your assets or worry about spousal support. Contact us today for a consultation so we can begin building your case.

Legally Prohibited Marriages In Colorado

If you or the other party is already married, you cannot enter into a common law marriage. The court will not recognize your marriage, so you cannot obtain a divorce. However, if you share children with the other party, you still might be eligible for child support. In addition, you will need to work out child custody. A Golden, CO, common law marriage lawyer can help you handle the legalities involved in the dissolution of your relationship.