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Are you Common Law Married in Colorado?

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:

  • Hold themselves out as married
  • Have the intent to be married
  • co-habitate

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 Lewis & 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 Lewis & Matthews are the right attorneys for you.