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Common Law Marriage

Common law marriage is only recognized in a few states, Colorado included.

The idea of a common law marriage is that two people have chosen to come together in agreement — whether actual or passively — to be married. Simply put, if a couple agrees that they are married, in Colorado, they are, even if that agreement is not express.

Common law marriage is a unique and often misunderstood area of the law, even by attorneys. You might have heard that a couple that lives together for a certain amount of years, or that files taxes together, or that tell people they are married, are common law married as a result. The issue is not so simple and there are no set benchmarks for determining whether a couple is common law married under Colorado law. Instead, things like living together, filing taxes together, and wearing a ring are merely evidence of an agreement to be married. The Court will consider the totality of the evidence in determining whether there was an express or tacit agreement to be married.

These ambiguities render is essential that anyone who believes they might be common law married contact an attorney right away. At Scardina Law, we provide legal advice and support to individuals in a common law marriage, and those looking to get out of one.

If you have questions or wish to schedule a free consultation with one of our attorneys, please call 303-502-5540.

The Divorce Process

It is important to note that even though there is common law marriage in Colorado, there is no common law divorce. When a couple in a common law marriage decides to divorce, they go through the same legal process as any other couple who is divorcing.

Our lawyers can represent you in your divorce and address any legal issue that arises:

Individuals in a common law marriage are often tied to each other financially, socially, as parents and in many other ways. As such, there are many issues that must be considered and many issues that must be addressed when the couple decides to separate. We are here to provide you with tailored legal services to meet your unique needs at this time.

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If you have questions or wish to schedule a time to meet with one of our attorneys, please complete our online contact form.