Understanding Common Law Marriage in Colorado: What Couples Need to Know
Common law marriage is a concept that often confuses many couples, especially in states like Colorado where it is recognized under specific conditions. For couples living together and sharing a life without a formal marriage license, understanding how common law marriage works can have important legal and financial implications. This is especially true for LGBTQ+ couples who want to ensure their relationships are protected under Colorado law.
Colorado is one of the few states that recognizes common law marriages, sometimes referred to as informal marriages. Unlike a traditional marriage ceremony, a common law marriage is established through the couple’s conduct, intent, and reputation as a married couple. This means that even if a couple never had a wedding or obtained a marriage license, they may still be legally married if certain criteria are met.
To be considered a common law marriage in Colorado, couples must meet three main requirements. First, both parties must agree to be married. Second, they must live together as spouses. And third, they must hold themselves out to the public as married — for example, by filing joint tax returns, referring to each other as spouses, or using the same last name. When these factors align, the state may recognize the relationship as a valid marriage.
For LGBTQ+ couples, common law marriage can provide important legal recognition, especially in situations where formal marriage wasn’t possible or chosen. This recognition ensures that both partners have access to the same rights and responsibilities as those in traditional marriages, including property rights, inheritance, and decision-making authority in medical or legal matters.
However, it’s important to understand that proving a common law marriage can sometimes be complex. Courts will carefully evaluate evidence such as joint financial accounts, shared residences, and statements to friends and family. Because of this, having clear documentation and consistent behavior as a married couple can help avoid disputes.
Ending a common law marriage requires the same legal process as a formal marriage — a divorce. This means that couples must go through property division, custody arrangements if children are involved, and possibly spousal support. Given the complexities involved, couples who believe they are in a common law marriage or want to clarify their status should consult with an experienced family law attorney.
At Kanthaka Group, we assist couples in understanding their rights and navigating the nuances of common law marriage in Colorado. Whether you are looking to confirm your status, formalize your relationship, or dissolve a common law marriage, our team is here to provide compassionate, knowledgeable guidance tailored to your unique situation.
