Common Law Marriage Attorneys

Colorado is one of few states in the United States that still recognizes common law marriages. A common law marriage is established by mutual consent of the parties followed by an open assumption of a marital relationship. It does not apply to couples who are merely cohabitating.

Common Law Marriage Is Recognized by Non-Common Law States

If you were common law married in Denver, anywhere in Colorado or in a state that recognizes common law marriages, and now are living in a state that does not permit common law marriages, the court will nonetheless recognize the common law marriage if it was lawfully contracted in a jurisdiction that permits it.

Requirements of a Common Law Marriage

How will you know if you are common law married? The court looks to many factors to make a determination of common law marriage. Some of the factors that a court may consider include but are not necessarily dispositive of a common law marriage are cohabitation and consumption of a marital relationship, plus:

  • Joint bank accounts
  • Joint filing of tax returns
  • Verbally affirming to friends and neighbors the other party is a spouse
  • Joint credit accounts
  • The man's surname by children born to the parties
  • The woman's use of the man's surname
  • Purchase and joint ownership of property
  • Wedding rings worn by one or both parties
  • Written acknowledgment of marriage on a 401(k) account or insurance policy
  • A written agreement of marriage between the parties

Common Law Divorce?

There is no such thing as a common law divorce. If you have a common law marriage, only the court can grant the divorce. Thus, if you want to split with your significant other and you believe you might be common law married, you should consult with an attorney.

Contact Our Denver and Boulder Lawyer for Common Law Marriage Issues

Call us toll free at 866-604-2791 or contact us by email to arrange a consultation with one of our lawyers today.