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Not every state legally recognizes a common law marriage, so it can be complicated when these marriages end in divorce.  But Colorado is one of only a dozen states which still recognize these informal marriages as legal. 

Even though there is no one law directly governing common law marriage in Colorado, there is language in the Colorado statutes that prohibits the repeal of “otherwise valid common law marriage between one man and one woman.” 

How to Prove the Existence of a Common Law Marriage in Colorado

Here are some requirements for proving the existence of a common law marriage, according to Colorado family law:

1. The couple must cohabitate
2. The couple must mutually agree to be married
3. They must openly hold themselves out to the public as “married”

Providing proof of the above-mentioned requirements can be complicated, so unless both parties agree that they have a common law marriage, they will need to seek the advice of a Colorado divorce lawyer/attorney who is familiar with divorce issues related to common law marriage. 

In general, divorce courts will consider some of the following actions in determining the validity of a Colorado common law marriage:

• Whether the couple filed joint tax returns for Federal and State income tax
• Whether the woman took the man’s surname
• The listing of the other party on insurance forms and retirement plans as  “spouse”
• Jointly held financial assets, such as property and bank accounts
• Whether the couple is known by their friends and family as “married”

While no one factor is considered paramount by the courts, filing joint tax returns is often regarded as one of the most important determining factors, since this means the couple is holding themselves out to the state and federal government as being married.  If this were untrue, they would be exposing themselves to the penalty of perjury. 

Typically, spouses in Colorado who have a common law marriage enjoy the same benefits as other married couples in the eyes of the government and military.  However, some financial institutions and insurance companies require they provide proof of their legal marriage.  This can include joint tax returns or a sworn Affidavit of Common Law Marriage.

Ending a Common Law Marriage in Colorado

On the flip side, since there is no such thing as a “Colorado common law divorce”, if a couple splits up they also must abide by the same laws and liabilities concerning a legal divorce or separation.  A Colorado Springs divorce lawyer can help establish the validity of a common law marriage in Colorado, and advise them on how to go about dissolving the marriage legally.