What is Common Law Marriage in Colorado?

WHAT IS COMMON LAW MARRIAGE IN COLORADO?

Common law marriage is a marriage in which the parties did not obtain a license or go through a recognized ceremony, but lived together as as married, openly manifesting their intention that their relationship is that of married, spouses, husband and wife.

"Common law" refers to laws of conduct which evolved from custom and usage, as well as opinions of the Colorado Court of Appeals and the Colorado Supreme Court, rather than laws written by a legislature. Common law marriage and a marriage with a license and a ceremony, are legally equal and equally legal. They are both marriages.

You have a common law marriage in Colorado only if:

1. You have lived together ("cohabited") in Colorado (or in another state that recognizes common law marriage) while "holding yourselves out" as being married, meaning that you acted as though you were married. There is no established minimum length of time for the cohabitation. Cohabitation by itself, without holding out as being married, is not a common law marriage. Typical proof of acting as though married is that you introduced each other as wife and/or husband, or spouses, have stated that you are married, have the same last name, hold joint accounts, put the other on your health insurance, or file married/joint income tax returns; and

2. Neither of you was still married to someone else, either by a marriage license and a ceremony, called a "statutory marriage", or by common law; and

3. Both of you were at least 18 years of age if the marriage was entered into or on after September 1, 2006. A common law marriage entered into before that date has no age requirement.

If you introduced each other as fiancees or some other term besides husband, wife, or spouse, and talked about getting married some day later, then you are not common law married, no matter how long you have been living together.

There is no such thing as common law divorce. If you are common law married and you want a divorce or legal separation, you can only obtain it from the court.

For more information on this and related subjects, including the Friendly Divorce Guidebook for Colorado, go to www.friendlydivorce.com. For mediation, consulting, or coaching, live or via Skype, call 303-526-7749, or email arden@friendlydivorce.com.

(c) M. Arden Hauer, MA, JD, mediator, consultant, coach, retired attorney