Family Law

Common Law Marriage

Colorado is one of a handful of states that recognizes common law marriage. Common law marriage is a marriage that is recognized by the state even though there has been no marriage ceremony and no marriage license issued.

There are a number of misconceptions about common law marriage. The first is that if people live together a certain amount of time, they are automatically common law married. That is not true. Some people can live together a week and be common law married; other couples could live together 20 years and not be common law married.

People are common law married if they have held themselves out as, and have a general reputation as, being married. There is no single test to determine if people are common law married. Rather, the status would be determined by a court after looking at a number of factors.

Here are some factors a judge might look at to determine whether people are married:

• Whether they tell people they are married

• Whether they live together

• Whether they have children together

• Whether they use the same last name

• Whether they wear rings on their ring fingers

• Whether they file joint tax returns

• Whether they have stated on health insurance, life insurance or other legal paperwork that they are spouses

People who are common law married are every bit as married as couples who are ceremonially married.

There is no such thing as common law divorce.