Common Law Marriage in Colorado: Exploring the Myths and Facts

Understanding the Concept of Common Law Marriage in Colorado

When it comes to marriage, most people think of a formal ceremony, a marriage license, and a solemn exchange of vows. However, in Colorado, there is another type of marriage recognized by the law – common law marriage. Common law marriage is a legal concept that allows couples to be recognized as married without having to go through the traditional formalities. This article aims to shed light on the myths and facts surrounding common law marriage in Colorado.

What Defines a Common Law Marriage?

Contrary to popular belief, simply living together for a certain period of time does not automatically result in a common law marriage in Colorado. To be considered legally married under common law, there are specific requirements that must be met. These requirements include:

1. Mutual Consent: Both parties must agree to be married and hold themselves out as a married couple.

2. Cohabitation: The couple must live together as husband and wife.

3. Public Declaration: The couple must present themselves as married to the public, such as using the same last name or referring to each other as spouses.

Dispelling the Myths

Myth #1: Common Law Marriage Automatically Happens after Living Together for Seven Years

This is perhaps the most common misconception about common law marriage. In Colorado, there is no specific time requirement for common law marriage. The duration of cohabitation is just one factor that may be considered by the court when determining whether a common law marriage exists. It is important to note that cohabitation alone does not create a common law marriage.

Myth #2: Common Law Marriage is Not Recognized in Colorado

This is another myth that needs to be debunked. Colorado is one of the few states that recognize common law marriage. However, it is crucial to meet the specific requirements mentioned earlier to establish a valid common law marriage. Without meeting these requirements, the couple will not be considered legally married, even if they have been living together for an extended period of time.

Myth #3: Common Law Marriage Provides the Same Legal Protections as a Formal Marriage

While common law marriage is recognized in Colorado, it is important to understand that it does not provide the same legal protections as a formal marriage. For instance, in the event of a breakup, a common law spouse may not be entitled to the same property division or spousal support rights as a legally married spouse. It is advisable for couples in common law marriages to consider obtaining a marriage license to secure their legal rights and protections.

The Benefits and Challenges of Common Law Marriage

Common law marriage can have both benefits and challenges. On one hand, it offers couples the freedom to choose an alternative to a formal marriage ceremony. It also provides legal recognition and certain rights, such as inheritance rights and access to health insurance coverage. On the other hand, it can be difficult to prove the existence of a common law marriage, especially when it comes to matters of property division and child custody.

When Does a Common Law Marriage End?

A common law marriage in Colorado can end in two ways – through legal dissolution or by mutual agreement. Dissolving a common law marriage requires the same legal process as a formal marriage, including filing for divorce or legal separation. If both parties agree to end the common law marriage, they can do so by signing a written agreement stating their intent to separate.

Seek Legal Advice

If you are unsure about whether you are in a common law marriage or have questions regarding your legal rights and options, it is recommended to seek legal advice from an experienced family law attorney. They can provide guidance and help you navigate through the complexities of common law marriage in Colorado.

In Conclusion

Common law marriage in Colorado is a unique legal concept that offers couples an alternative to formal marriage. However, it is essential to understand the requirements and limitations of common law marriage to ensure legal recognition and protection. Seeking legal advice is always a wise decision to clarify any doubts and protect your rights in a common law marriage.