Common law marriage
No ceremony doesn’t mean no marriageAnd it doesn’t mean no divorce.
In Colorado, a couple can be legally married without a license or ceremony if the legal requirements for a common law marriage are met. When the relationship ends, the first question is often whether a marriage existed at all, and the answer affects property division, maintenance, and more.
Whether you need to prove a common law marriage or dispute one, we look at the evidence the way the other side will: shared finances, how you held yourselves out, documents, and witnesses. Then we build your position accordingly. Related: divorce, property division, and alimony.
Yes — Colorado Looks at the Total Picture
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
Living together alone is not enough to prove a common law marriage on its own.
Holding Out as Married
Referring to each other as spouses, sharing a last name, or wearing wedding rings can be strong evidence.
Financial Ties
Filing taxes jointly, sharing bank accounts, and listing each other on insurance or leases all matter.
Mutual Intent
The key issue is whether both people intended to be married — not simply how long they were together.
What Is a Common Law Divorce?
Same Process, Different Starting Question
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.
- Same dissolution of marriage process
- Court may decide if a marriage existed
- Property, debt, and support all in play
- Parenting issues addressed regardless
Division of Marital Property
Colorado courts divide marital property equitably, which does not always mean equally.
- Homes, vehicles, and bank accounts
- Retirement accounts and investments
Division of Marital Debt
Debt accumulated during the marriage is generally treated as a shared marital obligation.
- Credit cards and loans
- Shared financial obligations
Spousal Maintenance
Either spouse may request maintenance if a valid common law marriage is proven.
- Length of the marriage considered
- Income and earning ability reviewed
Child Custody & Parenting Time
Parents do not have to be married for a Colorado court to decide parenting responsibilities.
- Decision-making allocation
- Parenting time schedules
Child Support
Child support can be addressed whether or not a common law marriage is ultimately proven.
- Handled within the same case
- Based on Colorado support guidelines
Retirement, Business & Real Estate
Complex assets often require careful valuation, especially when the marriage date is disputed.
- Business interest valuation
- Real estate and retirement accounts
When One Person Denies the Marriage
What Happens If the Marriage Itself Is Disputed?
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.
- Property rights may be affected
- Support obligations may be affected
- Inheritance and retirement rights may be affected
- Court reviews documents and testimony
Proving the Marriage First
Do You Have to Prove Common Law Marriage Before Divorcing?
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.
- A share of property
- Spousal maintenance
- Retirement benefits or reimbursement
How Long Do You Have to Live Together?
There Is No Minimum Time Requirement
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?
No — a Legal Divorce Is Required
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.
- A formal divorce creates clarity for both parties
Evidence That May Help Prove or Disprove the Marriage
What Colorado Courts Look At
The strongest cases usually involve consistent evidence showing how the couple treated the relationship over time.
Financial Records
Tax returns, bank statements, mortgage or lease documents, and insurance forms.
Personal Records
Text messages, emails, social media posts, photos, and travel records.
Testimony & Forms
Statements from friends, family, neighbors, or coworkers, plus school or medical forms for children.
Common Mistakes in Common Law Divorce Cases
Misunderstanding Colorado Law Can Be Costly
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
What If You Were Never Common Law Married?
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.
- Other legal actions may resolve these issues
Shared Interests to Address
Common Ground That Still Needs Resolution
- Children and parenting arrangements
- Real estate and joint bank accounts
- Business interests and shared debt
- Vehicles and personal property
FAQ
Common questionsStraight answers about your situation.
Is common law marriage still legal in Colorado?
Yes. Colorado still recognizes common law marriage.
Is there common law divorce in Colorado?
Not as a separate legal process. If a common law marriage exists, the couple must go through a standard divorce.
Do we have to live together for a certain number of years?
No. Colorado does not require a specific number of years.
Can one person be common law married without knowing it?
Usually, common law marriage requires mutual intent. However, disputes happen when one person believes the couple acted married and the other disagrees.
What if we filed taxes as married?
Filing taxes as married can be strong evidence, but it is not the only factor. The court looks at the full picture.
Don’t see your question? Call (720) 334-7305 for a free consultation.
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High-Asset Divorce Attorney in Colorado
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Alimony Attorney in Colorado
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This page provides general information about Colorado law, not legal advice for your situation. Every case is different, and past experience does not guarantee a particular outcome.