Common Law Marriage Claims In Denver, Colorado
Living in a relationship that feels like marriage but lacks a license can raise serious concerns when separation, property division, or parental rights are at stake. In these situations, working with an experienced attorney is essential to help ensure that your rights are protected.
At The Law Offices of Rodger C. Daley and Associates, we have 35 years of experience providing legal strategies to parents, partners and families throughout Colorado during difficult life transitions. Call 720-773-5708 or complete our contact form to get started.
What Is A Common Law Marriage In Colorado?
Colorado is one of the few states that recognizes common law marriage. This means couples do not need a formal ceremony or a marriage license to be considered legally married. In Colorado, there are two ways to establish a marriage: statutory marriage and common law marriage.
To be married statutorily, a couple must obtain a marriage license from a county clerk’s office, complete the marriage license, and record the marriage license with the county clerk’s office. Once the licensing requirements are timely satisfied, the couple is married.
In contrast, a common law marriage requires a couple to (a) agree to be presently married, and (b) hold themselves out to the public as married. While a common law marriage does not require the couple to record their marriage with the State, a common law marriage is similar to a statutory marriage in that it requires a couple to agree to be married. Simply living together and/or sharing children does not establish a common law marriage.
Once a person is married, there is no distinction between a statutory marriage and a common law marriage. Instead, a marriage is simply a marriage and the legal rights and obligations associated with a marriage do not vary based upon how the marriage was established.
It is important to understand that once married, the only way to dissolve the marriage is to obtain a divorce from a court of competent jurisdiction. In other words, there is no common law divorce.
What Factors Determine Common Law Marriages In Colorado?
Colorado courts require divorcing spouses to file a Petition for Dissolution of Marriage. If you or the other party dispute the existence of a common law marriage, a common law marriage hearing will be held at the start of the divorce proceeding.
Courts may look at several factors when deciding if a relationship qualifies as a common law marriage. These factors may include, but are not limited to, whether the couple has referred to each other as spouses, whether they share the same last name, whether they filed joint tax returns, and if the couple’s family and community considered them to be married.
Given the important financial rights and obligations associated with a marital relationship, a common law marriage hearing is a very important legal proceeding that should not be left to chance.
Is There A Minimum Time Requirement For Common Law Marriage In Colorado?
There is a pervasive myth that mere cohabitation by a Colorado couple for seven consecutive years confers common law marriage status. This is simply untrue. Not only is there no minimum cohabitation period required to form a common law marriage, but couples can cohabit indefinitely without being considered statutorily married under common law.
Instead, the focus is on the couple’s intentions and conduct. The length of the relationship is only one small piece of the overall analysis and is never determinative on its own.
The persistence of the seven-year belief often causes confusion and risk. Some individuals delay asserting their spousal rights, believing they do not qualify, while others assume they are married without meeting the legal standards. Both scenarios can create serious financial and legal consequences for those involved.
How Do You Prove A Common Law Marriage In Colorado?
When a common law marriage is disputed, the court requires evidence showing both a mutual agreement to be married and public recognition of that agreement.
The following types of evidence are commonly used to establish a common law marriage:
- Statements referring to each other as spouses, including introductions to friends, family or coworkers
- Joint financial accounts, such as shared bank accounts, credit cards or loans
- Joint tax filings, including federal or state returns filed as married
- Shared property ownership, such as deeds, leases or mortgages in both names
- Beneficiary designations, including life insurance, retirement accounts or employment benefits
- Use of the same last name, formally or informally, in social or professional settings
- Written communications, such as emails, messages or applications identifying marital status
- Testimony from third parties, including relatives, neighbors or community members
No single piece of evidence is required, and no single document automatically proves a marriage. Courts weigh the totality of the circumstances to determine whether the relationship met the legal standard. Because these cases often involve high emotional and financial stakes, careful preparation and presentation of evidence is essential.
If a common law marriage is proven, the court will treat it exactly like a statutory marriage, including property division, support and parental matters. That is why early legal guidance can play a decisive role in protecting your rights.
Why Work With Our Attorneys?
Pursuing a common law marriage claim without a lawyer can put your rights at risk. We understand the emotional weight of these cases, especially when property, parental rights and financial security are at stake.
Our team is committed to supporting and protecting your best interests.
Contact Us Today
If you believe that you may be in a common law marriage, The Law Offices of Rodger C. Daley and Associates is here to fight for your rights. Call 720-773-5708 to schedule a free initial consultation.