Contact Our Denver Divorce Lawyer Denver Common Law Marriage Attorneys

Despite common assumption, Colorado matrimonial law does not require or recognize that a couple must live together for an extended period of time in order to have a common law marriage. Living together for a long time may be a characteristic that can help a couple demonstrate their willingness to enter into a common law marriage and mutual agreement but it is not a requirement for common law marriage.

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what is common law marriage

What is a Common Law Marriage?

A common law marriage is a union between two adults where they are legally recognized as married by the state without purchasing a marriage license or having a traditional marriage ceremony. Common law marriages are not recognized in every state (only 10 states plus the District of Columbia recognize common law marriages) and the rules that dictate common law marriages vary from state to state.


In Colorado, according to the state law, a “common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are 18 years or older, and the marriage is not prohibited by other law.”

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To enter into a common law marriage, the state of Colorado requires that couples must demonstrate and provide proof of the following:

  • Mutual consent to enter into a common law marriage as partners.
  • Representing to the general community that the two individuals agree to be married and function as a married couple.
  • Cohabitation as a married couple.


Establishing valid proof of an existing common law marriage may prove to be difficult. A court may consider the conduct of the couple, the duration of the cohabitation, joint tax returns or bank accounts, and the nature of their relationship to verify the existence of a common law marriage. Our legal team is experienced with common law marriage in Colorado and we can help you determine whether or not you and your partner may be eligible to be common law married.

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Terminating a Common Law Marriage

If a couple wishes to end their common law marriage, they must go through a divorce process just like any other couple. Because a common law marriage is recognized by the state as a valid, legal marriage just like any other, the divorce must address the same issues involved in any divorce or dissolution.


Couples terminating a common law marriage must come to an agreement on parental responsibility of their children, visitation time allocation, child support, and property distribution. Any future marriage of either spouse will be invalid if the common law marriage is not dissolved prior to the next marriage.

Experienced Common Law Marriage Attorneys in Denver

At Peek Vasquez Family Law, LLC, our Denver family lawyers handles every case personally. You aren’t just another case number or file to cross our desk. We take the time to attentively listen to you and offer genuine legal counsel that can help prepare you, your spouse, or your entire family for the new journey ahead.

Representing clients and ensuring that their family goals are met is the foundation for our family law firm. If you have any questions or concerns regarding common law marriage, do not hesitate to contact our family law attorneys at Peek Vasquez Family Law, LLC. Having an experienced legal team on your side can make all the difference in ensuring that you have a smooth and hassle-free common law marriage.

In addition to common law marriages, our experienced Colorado family law firm offers a variety of legal services and we can represent you in a range of family law cases, including divorce, alimony, child custody, mediation, relocation, adoption, and more.

Contact us today or call our family law office at (303) 495-5757 to talk to an experienced attorney and schedule your consultation.

With the right representation, your family
law or divorce issue does not have to be complicated or contentious.
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