Some couples in Colorado choose to forego customary marriage formalities and opt for a common law marriage. There are many benefits to this alternative, but there are also some factors that spouses in a common law marriage should be aware of. If you and your spouse decide to form a common law marriage and then later decide to separate, you are required to undergo the same divorce proceedings as a traditionally married couple. A Denver common law marriage attorney who understands the intricacies of Colorado family laws could help you understand rights and responsibilities. Jones Law Firm, PC, is ready to aggressively advocate for our clients in their common law marriage cases.
When it comes to common law marriage and divorce in Colorado, couples often have questions. Some of the most frequent questions we answer include:
Is common law marriage legal in Colorado?
Yes. Colorado is one of very few states that recognizes common law marriage.
How long do you have to live together to be considered common law marriage in Colorado?
Colorado law does not set a minimum amount of time for couples to live together to establish a common law marriage. If two individuals aged 18 or older live together with the intent to be married, that is usually sufficient to create a common law marriage. However, courts may consider additional criteria in determining the validity of a common law marriage.
What establishes a common law marriage in Colorado?
In Colorado, a common law marriage is created when both parties mutually agree to be openly considered as husband and wife.
Factors that may establish the validity of a common law marriage include:
- Joint filing on tax returns
- Cohabitation
- Wife taking surname of husband
- Joint checking or savings accounts, etc.
The court may also consider how long the couple has been together as well as their behavior and actions during the time they were in a relationship. It is important to be aware that a common law marriage is not established simply by the couple living together.
Do you have to get a divorce if you are common law married in Colorado?
Couples that have established a common law marriage will need to get a divorce in order to dissolve the marriage.
How do you obtain a common law divorce in Colorado?
Colorado does not have specific laws for common law divorce, and therefore, couples typically go through the same process as a traditional divorce. When a common law spouse files for divorce, the court must first decide whether there was a valid common law marriage. If the common law marriage is valid, the couple will go through the divorce process, addressing certain topics including property division, child custody, and visitation. If the couple cannot come to an agreement about each of these issues, the court may need to intervene.
Am I eligible for annulment?
Divorce is defined as the final ending or dissolving of a marriage as ordered by the court. If you do not want to file for a divorce, but rather want to prove that the marriage was not valid — i.e., obtain an annulment — you must demonstrate that one of the following situations applies:
- One spouse was not able to give consent due to mental incapacity or the influence of alcohol or drugs
- One spouse did not have the capacity to consummate the marriage, but the other spouse was unaware of this at the time of the marriage
- One spouse was under the age of consent and did not receive parental permission to become married
- The marriage was entered into as a dare or joke
You can also request a legal separation in lieu of a divorce. If you and your spouse become legally separated, you will technically still be married but you are permitted to live separately. Matters of child custody and support still need to be resolved if you pursue a legal separation, just as in a divorce case.
Is a common law spouse entitled to anything?
Typically, a divorce will involve the division of property. Which spouse gets what depends on the circumstances. Marital assets, or assets acquired after the establishment of the marriage, are generally divided “equitably” between both parties. The spouses may come to an agreement together, or a court may decide how best to divide property and assets.
How long will my divorce take?
Depending on whether you file a contested or uncontested divorce, your case could take anywhere from six months to one year or longer. Our legal team, however, can help you obtain temporary orders that protect your interests while details of the divorce are being resolved. The earliest possible timeframe for finalizing a divorce is 92 days from the point of filing and serving the other party. However, the process generally extends beyond this period, contingent upon the promptness with which the parties can come to agreements or appear before a judge for the final hearing.
Common Law Marriage and Divorce Attorneys in Denver
With extensive experience and a deep understanding of Colorado family law, the team at Jones Law Firm, PC, is equipped to craft the right strategy to help you achieve your goals. Whether you are pursuing an uncontested divorce or require strong representation in a high-conflict case, our Denver common law marriage attorneys are here to serve your needs. Contact Jones Law Firm, PC today or call us at 720-513-5983 to learn how we can assist with property division, alimony, child support, custody, and any other issues arising from your common law marriage case.
