Colorado Common Law Marriage: 7 Myths Debunked

A handful of states in the U.S. still recognize common law marriage, and Colorado is among them. If you and your partner may be in a Colorado common law marriage, then are some specific things you should know regarding how this relationship may impact you in the future, particularly if it ends.

Myth 1 – I’m not in a Colorado common law marriage because I have not been living with my partner for more than 5 or 10 years.

Fact – There aren’t cohabitation requirements for a Colorado common law marriage, so this assumption is entirely wrong. The fact of the matter is that, to prove a Colorado common law marriage exists, what has to be established is that a couple has held themselves out publicly as being marriage. This can mean that partners in a Colorado common law marriage:

• Openly referred to each other as husband and wife
• Have each other on their insurance policies (named as beneficiaries)
• Have filed taxes together
• Are specifically not involved in a marriage that is considered to be prohibited by Colorado law (because, in particular, the marriage involves bigamy, incest and/or underage individuals who did not have the proper consent to marry).

Myth 2 – There’s no way to prove whether or not I’m in a Colorado common law marriage.

Fact – False! While you may think that proving a Colorado common law marriage comes down to your word versus your partner’s, the fact of the matter is that there can be all sorts of documentation that may be used to prove this legal relationship. In particular, documents that can help establish that a Colorado common law marriage exists can include (but are not exclusively limited to):

• Insurance policy documents that show one partner naming the other as a beneficiary
• Tax documents that show the couple filed joint tax returns
• Court documents showing that a female partner changed her last name to take on the male partner’s last name.

Here, we also want to point out that less formal or unofficial documents may be used to establish a Colorado common law marriage. For instance, if a couple sends out a Christmas card with wishes from “their family to yours,” this could be used to prove that a Colorado common law marriage existed.

Myth 3 – I’m in a Colorado common law marriage, but I can get it annulled.

Fact – No. If you are in a Colorado common law marriage and you want to end the relationship, you could be looking at facing a dissolution of marriage process that is very similar (if not identical) to a traditional divorce. The reason for this is that, like a traditional divorce, the end of a Colorado common law marriage will generally involve settling issues regarding:

• How the marital property is to be split between the partners
• How the marital debt will be allocated to each partner
• How custody of a child is to be divided between parents
• Whether there should be any payment obligations after the marriage ends (like, for instance, child support and/or spousal support payments).

Because couples splitting up often disagree on these issues, resolving them can involve having to go to family court and endure a process much akin to traditional divorce.

Myth 4 – Spousal support isn’t an issue when a Colorado common law marriage ends.

Fact – Wrong. Although spousal support is not an issue in every case involving the dissolution of a Colorado common law marriage, it can and is an issue in many of these cases, and the same considerations and factors will usually come into play (as in traditional divorce) to resolve disputes related spousal support.

In particular, if partners ending a Colorado common law marriage (or a traditional marriage) cannot agree on the terms of spousal support payments:

• The court will be called in to resolve the issue.
• The court will consider (among other things) the economic standing of each partner after the marriage, the standard of living during the marriage, the duration of the marriage and each partner’s contributions to the marriage.

Myth 5 – Whether I’m in a Colorado common law marriage only matters if I want to end my relationship.

Fact – False! In fact, if it’s been established that you are in a Colorado common law marriage, there can be other legal implications to this relationship that you should be aware of. For instance, being in a Colorado common law marriage can create inheritance rights for a common law spouse.

What this can mean is that you may want to have special protections in place for yourself, your assets and/or your children before entering into a Colorado common law marriage. In particular, this can make it important to have a palimony agreement in place so that the terms of the Colorado common law marriage are clear.

Myth 6 – Ending a Colorado common law marriage is not as complicated as the traditional divorce process usually is.

Fact – Wrong. Of course, ending a marriage – regardless of whether it’s a Colorado common law marriage or a traditional marriage – can be very straightforward in some cases, such as when a couple has little assets, no children and/or an amiable relationship after their separation. However, so too can both a Colorado common law marriage and a traditional marriage be extremely contentious, complicated and challenging to end. For instance, when allegations of infidelity enter the picture ending any type of marriage can be a heated battle.

What this can end up meaning for partners ending a Colorado common law marriage is that they end up having to deal with some of the same proceedings, as well as financial and emotional costs, as people in traditional divorce face.

Myth 7 – I don’t need a lawyer to help me end my Colorado common law marriage.

Fact – Wrong again! Given that ending a Colorado common law marriage can be as complicated as traditional divorce, it’s strongly advised that people retain an experienced divorce attorney to represent them so that:

• Their interests are fully protected and advocated throughout the process.
• The psychological and financial costs of their divorce are kept to a minimum.
• They can resolve their divorce case as favorably and efficiently as possible.

Littleton, Colorado Divorce Lawyers at Bahr and Kreidle

Are you preparing to end a common law or traditional marriage? If so, you can turn to the Littleton divorce attorneys at Bahr and Kreidle for experienced help and the best possible representation. Since 1983, our lawyers have been aggressively advocating our clients’ rights to help them successfully resolve their divorce cases.

To learn more about how we can help you, schedule a free, no obligations initial consultation with us. To set up a meeting, call us at (303) 794-7422 or email us using the form on this page.

From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lone Tree, Castle Rock, Westminster, Centennial and Aurora.