Denver Common Law Marriage Attorneys
Helping All Kinds of Couples Achieve Legal Recognition of Their Relationship
Colorado is one of few states in the United States that continues to recognize common law marriages, also known as non-ceremonial or informal 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, but who also share many of their assets and treat each other as spouses. If you have questions or concerns about a common law marriage in Colorado, Frost & Beck, PC can help.
Our team of Denver common law marriage lawyers understand the ins and outs of this unusual but valid type of union and are more than happy to help couples determine whether common law is right for them and how to go about making it official.
If you believe common law marriage is right for you, we are happy to explore every avenue on your behalf no matter how complicated your case may be.
We welcome partners in:
- Non-traditional relationships
- Same-sex couples
- Non-binary individuals
- And others
Call (720) 330-4623 or contact our firm online to book your initial, no-obligation consultation with our Denver common law marriage lawyers.
Is Common Law Marriage 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
A common law marriage is an alternative to a traditional, ceremonial marriage that doesn’t require a couple to obtain a marriage license and host a ceremony. However, even though a common law marriage is just as valid as “regular” marriage, some couples may encounter issues proving their marriage exists.
According to C.R.S. 14-2-109.5, the only legislative requirements for a common law marriage are that:
- Both members of the couple must be at least 18 or older, and
- The marriage is not prohibited by C.R.S. 14-2-110, which forbids bigamy and incest.
How will you know if you are common law married? The court looks to many factors of you and your partner’s relationship 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, as well as:
- 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
As of 2021, the Colorado Supreme Court revised the common law definition in our state to make it more modern as well as more inclusive for same-sex couples and gender neutral individuals. The Courts will now consider each common law marriage case individually and assess whether a couple is eligible based on their unique circumstances.
For example, a woman no longer must use her male partner’s last name to boost a heterosexual couple’s chances of acquiring a common law marriage by the state. This news means that no one should feel as though they need to shy away from the possibility of a common law marriage!
Meet Our Team
We Will Guide You Every Step of the Way
Families Share Their Stories
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Leslie Frost is a very intelligent and consummate professional who has a natural affinity for and an extensive knowledge of the law. I found her to be an advocate for what is right and just, as well as a tremendous help with anything I presented to her. I highly recommend her for your family law needs.Bret E.
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Leslie was caring, attentive, and wonderful at communicating everything regarding my case.Carlos C.
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Ms. Frost helped us with our adoption. She and her legal assistant handled everything for us so we had a worry free adoption experience.James P.
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As a trafficking investigator and a 25-year paralegal who worked for the Bush family as well as, Johnnie Cochran. I have seen my fair share of hearings and that was the WORST hearing I have ever been in. You held your own well and when it counted YOU LANDEObserver, Amy C.
Why Choose Us?
Because You Deserve the Best
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We understand every family’s situation is unique. You’ll receive personalized attention to ensure your needs are met with care and compassion.
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No middlemen, no delays—work closely with your attorney from start to finish, ensuring you’re always informed and supported.
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Our paralegals aren’t just assistants—they’re a friendly, attentive part of your support team, always ready to assist with a smile.