Colorado, unlike many other states, still recognizes common-law marriage, also known as informal marriage. This means a couple can be legally married without a marriage license or a formal ceremony. However, this can lead to unexpected legal and financial consequences if you didn't intend to be married. Understanding how common-law marriage works in Colorado and taking proactive steps can help you avoid it.
What Constitutes a Common-Law Marriage in Colorado?
To be considered legally married under Colorado's common-law marriage laws, a couple must meet three key criteria:
- Cohabitation: The couple must live together. This isn't just about sharing a roof; it's about a shared life and intent to be together.
- Capacity: Both individuals must be legally capable of entering into a marriage. This means they must be of legal age, not already married, and mentally competent to understand the implications of marriage.
- Mutual Agreement: Crucially, both partners must have a mutual agreement to be married. This isn't necessarily a formal declaration; it can be inferred from their actions and behavior. Presenting yourselves to others as husband and wife, sharing finances, and jointly raising children are all factors that a court would consider.
The critical element to understand is the mutual agreement to be married. Simply living together does not automatically constitute a common-law marriage. The intent to be married must be present and demonstrable.
How to Avoid Common-Law Marriage in Colorado: Proactive Steps
Avoiding a common-law marriage in Colorado requires being mindful of your actions and proactively setting boundaries. Here are some key steps you can take:
1. Clearly Define Your Relationship
Have an honest and open conversation with your partner about your expectations for the relationship. Explicitly state that you do not intend to be married. This conversation should be documented, if possible, though not necessarily legally binding. It helps to establish a clear understanding from the beginning.
2. Maintain Separate Finances
Keep your finances completely separate. This includes separate bank accounts, credit cards, and investments. Joint accounts or commingled finances can be interpreted as evidence of a marital agreement.
3. Avoid Presenting Yourselves as Married
Refrain from introducing each other as "husband" and "wife" or using similar terms. Avoid filing joint tax returns or using the same last name (unless for other reasons). Be careful about how you present your relationship to others, as this can be used as evidence in a legal proceeding.
4. Have a Written Agreement (Cohabitation Agreement)
Consider creating a written cohabitation agreement outlining the terms of your relationship, explicitly stating that you are not married and detailing how you will manage finances and property. While not foolproof, a well-drafted agreement can significantly strengthen your position if a dispute arises. It is advisable to seek legal counsel for drafting this agreement.
5. Separate Residences (If Possible)
While not always feasible, maintaining separate residences can be a strong indication that you do not intend to be married.
6. Consult with an Attorney
If you have any concerns about unintentionally entering into a common-law marriage, consulting with a Colorado family law attorney is highly recommended. They can advise you on the best steps to take to protect yourself.
Frequently Asked Questions (FAQ)
Can I dissolve a common-law marriage in Colorado?
Yes, a common-law marriage can be dissolved through a process similar to a divorce. You will need to file for a dissolution of marriage in Colorado court.
What happens to assets if a common-law marriage ends?
In the case of a dissolved common-law marriage, Colorado courts will divide assets and debts similarly to how they would in a traditional divorce, based on equitable distribution.
If I'm unsure if I am in a common-law marriage, what should I do?
Consult with a family law attorney immediately. They can assess your situation and advise you on your legal rights and options.
How long do I need to live together to be considered in a common-law marriage?
There isn't a specific time frame. The focus is on the mutual agreement and the totality of the circumstances indicating an intent to be married.
By understanding the requirements for common-law marriage in Colorado and taking these proactive steps, you can significantly reduce the risk of unintentionally entering into a marriage with unintended legal and financial repercussions. Always seek professional legal advice if you have any doubts or concerns.
