Common law marriage is a legal concept that allows couples to be recognized as married without a formal marriage license or ceremony. While not all states in the United States acknowledge common law marriages, Colorado is one of the few jurisdictions where this form of marriage is recognized. In this article, we will delve into the law for common law marriage in Colorado, including the requirements for its establishment, the legal implications, and the rights and responsibilities it affords to couples.
Requirements for Establishing a Common Law Marriage in Colorado
Colorado has specific criteria that must be met to establish a common law marriage. These requirements include:
a. Cohabitation: The couple must live together as if they are married. Simply dating or cohabiting without the intention of marriage does not qualify as a common law marriage.
b. Mutual Consent: Both partners must have the mutual intent and consent to be married. This means they consider themselves married and hold themselves out as a married couple to family, friends, and the community.
c. Age Requirement: In Colorado, both partners must be at least 18 years old to enter into a common law marriage. If one or both partners are under 18, parental consent is required.
d. No Existing Legal Marriage: Both individuals must be legally free to marry, which means they are not already married to someone else.
Proof of Common Law Marriage in Colorado
Colorado requires specific evidence to prove the existence of a common law marriage. The couple can demonstrate their common law marital status by providing documentation or testimony that supports their mutual consent and cohabitation. Some forms of evidence that may be considered include:
a. Joint Financial Accounts: Shared bank accounts, joint credit cards, or financial statements showing both partners’ names can indicate financial interdependence, supporting the existence of a common law marriage.
b. Joint Property Ownership: Owning property jointly, such as a home or vehicle, can also be evidence of a shared life and commitment to a common law marriage.
c. Joint Lease or Mortgage: Having a lease or mortgage agreement in both partners’ names can demonstrate cohabitation and shared living arrangements.
d. Testimony from Witnesses: Statements from family members, friends, or colleagues who can attest to the couple’s representation as a married couple can strengthen the case for a common law marriage.
Legal Implications of Common Law Marriage in Colorado
Once a common law marriage is established in Colorado, the couple is considered legally married, and they are entitled to the same legal rights and responsibilities as couples in formal marriages. This includes:
a. Inheritance Rights: Common law spouses have the right to inherit from each other in the absence of a will. If one partner passes away without a will, the surviving partner may be entitled to a portion of the deceased partner’s estate.
b. Spousal Support: In case of separation or divorce, common law spouses may be eligible for spousal support or alimony, just like couples in formal marriages.
c. Property Division: If the common law marriage ends, the couple may need to divide their property and assets according to Colorado’s laws governing marital property.
d. Parental Rights: In a common law marriage, both partners may have legal parental rights and responsibilities for any children born during the marriage.
Dissolving a Common Law Marriage in Colorado
To end a common law marriage in Colorado, the couple must go through the legal process of divorce or separation, just like formal marriages. This involves filing a petition for dissolution of marriage with the court and addressing issues such as property division, child custody, and spousal support.
Conclusion
In Colorado, common law marriage is a recognized legal relationship that allows couples to be considered married without a formal ceremony or license. To establish a common law marriage, couples must meet specific requirements, including mutual consent and cohabitation. Once a common law marriage is established, the couple enjoys the same legal rights and responsibilities as couples in formal marriages. However, dissolving a common law marriage requires going through the legal process of divorce or separation. Couples considering a common law marriage in Colorado should be aware of the requirements and legal implications and seek legal advice to ensure a smooth and legally valid marriage.