Colorado is not a common law marriage state. This means that couples cannot enter into a legally recognized marriage simply by living together and presenting themselves as married. While Colorado recognized common law marriages established before September 1, 2006, it no longer allows new common law marriages to be formed. If you entered a common law marriage prior to this date and meet the requirements, it will still be considered valid. Understanding this distinction is crucial for couples residing in Colorado and those considering moving to the state.
After that date, the only way to be legally married in Colorado is through a formal marriage license and ceremony. This involves obtaining a license from the county clerk and having the ceremony performed by an authorized officiant. Thinking you’re in a common law marriage when you’re not can have serious implications for your rights and responsibilities, especially regarding finances and property division should the relationship end.
You can find more information on filling out a Colorado marriage license at how to fill out a marriage license colorado.
Understanding Common Law Marriage
Historically, common law marriage arose out of necessity in areas where access to legal marriage ceremonies was limited. Couples could establish a legally recognized union without a formal ceremony. However, the legal landscape has changed, and most states, including Colorado, have abolished common law marriage.
The key elements traditionally required for a valid common law marriage were:
- Mutual agreement to be married: Both parties had to clearly express their intent to be husband and wife.
- Cohabitation: The couple must live together as husband and wife.
- Public representation as husband and wife: The couple must consistently present themselves to the community as a married couple.
While these elements might seem simple, proving a common law marriage can be complex, often requiring substantial evidence.
Common Law Marriage in Colorado Before September 1, 2006
For couples who established a common law marriage in Colorado before September 1, 2006, their union is still recognized as legally valid. It is important to note that the requirements for establishing a common law marriage were the same as outlined above. These couples have the same rights and responsibilities as those who were formally married.
Why Did Colorado Abolish Common Law Marriage?
The abolition of common law marriage in Colorado aimed to clarify legal relationships and reduce potential disputes. Formal marriage provides a clear legal record, simplifying matters related to inheritance, property division, and other legal proceedings. The change also helped to align Colorado with the majority of states that had already moved away from recognizing common law marriages.
What if I Think I Have a Common Law Marriage in Colorado?
If you believe you have a valid common law marriage in Colorado established before September 1, 2006, it’s crucial to seek legal advice. An attorney specializing in family law can assess your situation and advise you on the best course of action. They can help you gather the necessary documentation to prove your common law marriage, which might include joint tax returns, shared bank accounts, and affidavits from witnesses.
For information on child support laws in Colorado, visit what age does child support end in colorado.
Is Colorado a Community Property State?
Colorado is not a community property state. This is an important distinction, especially in the context of divorce. It affects how assets and debts are divided in a legal separation or divorce. You can learn more about whether Colorado is a community property state after death at is colorado a community property state death.
How Much is a Marriage License in Colorado?
The cost of a marriage license in Colorado varies by county, but it generally falls within a reasonable range. You can find out more about the specific costs in your county by visiting how much is a marriage license in colorado. Understanding the financial implications of marriage, including the cost of a license, is part of planning your future together. Additionally, you might find the information about inheritance tax in Colorado relevant: does colorado have inheritance tax.
Conclusion
While Colorado once recognized common law marriage, it’s essential to understand that the state no longer allows for the creation of new common law marriages. Only those established before September 1, 2006, remain valid. To be legally married in Colorado today, couples must obtain a marriage license and participate in a formal ceremony. If you have any doubts about your marital status, consult with a legal professional.
FAQ
- Can I establish a common law marriage in Colorado today? No, Colorado abolished common law marriage for relationships established after September 1, 2006.
- What if I lived with someone in Colorado for many years and presented myself as married? If this relationship began after September 1, 2006, you are not legally married under Colorado law.
- How can I prove a valid common law marriage in Colorado? You will need evidence such as joint tax returns, shared bank accounts, insurance policies, and witness testimony demonstrating your intent to be married and public representation as a couple before September 1, 2006.
- What if I believe I have a common law marriage from before September 1, 2006? Consult with an attorney to assess your situation and gather the necessary evidence.
- Is Colorado a community property state? No, Colorado is an equitable distribution state.
- How do I get legally married in Colorado? Obtain a marriage license from the county clerk and have a ceremony performed by an authorized officiant.
- Where can I find more information about marriage licenses in Colorado? Your local county clerk’s office can provide detailed information.
Common Situations and Questions
Scenario: A couple lived together in Colorado for 10 years, starting in 2008, and presented themselves as married. Are they legally married? No, as their relationship began after the cutoff date, they are not in a common law marriage.
Question: We were married in a common law marriage in another state before 2006, will Colorado recognize it? Possibly, it depends on the laws of the state where the common law marriage was established and Colorado’s recognition of out-of-state common law marriages.
Further Resources
You may find additional information helpful on our website regarding other legal matters related to family law in Colorado.
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