Colorado Common Law Marriage & Divorce
Colorado recognizes common law marriage — meaning some couples are legally married even without a wedding ceremony, marriage license, or formal paperwork. If that describes you, you must go through the same legal divorce process as any other married couple.
At Trust Johnson Law, we help clients determine whether a common law marriage exists, what rights they may have, and how to move forward with divorce, property division, parenting issues, and support.
We assess whether a valid common law marriage exists.
Property, support, and parenting issues handled properly.
Protecting your rights, assets, and family long term.
Does Colorado Recognize Common Law Marriage?
Colorado recognizes common law marriage when two people mutually agree to be married and hold themselves out as married. There is no single checklist — courts weigh all the evidence together.
Living together alone is not enough to prove a common law marriage on its own.
Referring to each other as spouses, sharing a last name, or wearing wedding rings can be strong evidence.
Filing taxes jointly, sharing bank accounts, and listing each other on insurance or leases all matter.
The key issue is whether both people intended to be married — not simply how long they were together.
What Is a Common Law Divorce?
Technically, Colorado does not have a separate process called "common law divorce." If a common law marriage exists, the couple is legally married and must file for dissolution of marriage through the court. The biggest difference is that the court may first need to decide whether a valid common law marriage existed.
Colorado courts divide marital property equitably, which does not always mean equally.
Debt accumulated during the marriage is generally treated as a shared marital obligation.
Either spouse may request maintenance if a valid common law marriage is proven.
Parents do not have to be married for a Colorado court to decide parenting responsibilities.
Child support can be addressed whether or not a common law marriage is ultimately proven.
Complex assets often require careful valuation, especially when the marriage date is disputed.
When One Person Denies the Marriage
Common law divorce cases often become complicated when one person says, "We were married," and the other says, "No, we were just dating." If the existence of the marriage is disputed, the court may hold a hearing to decide the issue.
Proving the Marriage First
If both parties agree they were common law married, the case may proceed like a standard divorce. If one party disputes it, the court may need to decide that issue first — especially when someone is seeking the following.
How Long Do You Have to Live Together?
A couple does not become common law married simply because they lived together for seven years, ten years, or any other specific period. The focus is whether the couple mutually intended to be married and held themselves out as married.
No fixed number of years required
Length of relationship alone is not enough
Mutual intent is the central question
Can You End It Without a Divorce?
If you are legally common law married in Colorado, you cannot simply break up and treat it like the marriage never happened. Without a divorce, future problems may arise involving property, debt, taxes, inheritance, and estate planning.
Evidence That May Help Prove or Disprove the Marriage
The strongest cases usually involve consistent evidence showing how the couple treated the relationship over time.
Tax returns, bank statements, mortgage or lease documents, and insurance forms.
Text messages, emails, social media posts, photos, and travel records.
Statements from friends, family, neighbors, or coworkers, plus school or medical forms for children.
Common Mistakes in Common Law Divorce Cases
Speak with an attorney before making major financial or legal decisions if common law marriage is even a possibility.
Assuming long cohabitation automatically creates marriage
Assuming no license means no divorce is needed
Moving out without addressing property rights
Ignoring shared debt
Failing to gather evidence
Filing the wrong type of case
Making informal agreements without court orders
Assuming verbal promises are enough
Waiting too long to protect financial interests
If No Marriage Existed
If no common law marriage existed, a divorce may not be required. However, legal issues may still need to be addressed, especially where the couple shares the items below.
Shared Interests to Address
Why Hire Trust Johnson Law
Whether you are trying to prove a common law marriage, dispute one, or move forward with divorce, you need clear guidance before taking action.
We review the full picture of your relationship to determine whether a common law marriage exists.
We help you collect the financial records, communications, and testimony that matter most.
We plan for property division, support, and parenting issues from the start.
We fight for a fair outcome, whether the case settles or heads to a hearing.
Frequently Asked Questions
Common law marriage can create serious legal and financial consequences. The sooner you speak with an experienced family law attorney, the sooner you can begin protecting your future.
Yes. Colorado still recognizes common law marriage.
Not as a separate legal process. If a common law marriage exists, the couple must go through a standard divorce.
No. Colorado does not require a specific number of years.
Usually, common law marriage requires mutual intent. However, disputes happen when one person believes the couple acted married and the other disagrees.
Filing taxes as married can be strong evidence, but it is not the only factor. The court looks at the full picture.
Having children together does not automatically create a common law marriage. Parenting and child support issues can still be handled by the court.
Possibly. If the court finds that a valid common law marriage existed, maintenance may be available under Colorado divorce law.
Yes. If common law marriage is proven, the court can divide marital property and debt.
Talk to a Colorado Common Law Divorce Attorney
Common law marriage can create serious legal and financial consequences. Trust Johnson Law helps clients throughout Colorado navigate common law marriage disputes, divorce, property division, parenting issues, and support matters.
