Colorado Common
Law Marriage
In Colorado you don’t have to get married to be
legally married. If
you are eligible to be married (i.e.; age of majority, not
married to anyone else, mentally capable) then the court
looks to a three-prong test to determine if the couple is
married under common law. There is no waiting period in
Colorado to be married under common law.
Three Prong Test
for Common Law Marriage in Colorado
Does the couple:
Evidence of
Common Law Marriage in Colorado
The court will hear evidence from both parties and decide as
a matter of fact if the couple is married under common law.
Some of the evidence that may be presented to prove a common
law marriage includes:
-
The filing
of joint tax returns
-
Key
documents that list the parties as spouses including
medical insurance and/or household bills
-
The parties
are listed as spouses on the title to assets.
-
Testimony of
witnesses
-
Testimony of
parties
When you choose Matthews & Matthews to represent you, one of
our attorneys will present evidence and represent your
interests in court. Ultimately the judge will look at all
the evidence and decide if the three-prong test has been
met. If so, the couple will be considered married under the
law in Colorado. If the couple wishes to no longer be
married they will have to dissolve their marriage in the
same way a couple would if they were formally married under
state law.
If you would like to ask one of
our attorneys a question about Common Law Marriage in
Colorado or skip that step and
come in for a fee consultation,
we encourage you to do so.
If you feel that you
may be married under common law and are contemplating a
divorce proceeding you can review information on
Colorado divorce and legal separation
and look at why Matthews &
Matthews are the right attorneys for you. |
