1. Home
  2.  | 
  3. Family Law
  4.  | Common Law Marriage

Knowledgeable Counsel To Help With Common Law Marriage And Divorce Issues

Colorado recognizes common law marriage, which involves a couple’s agreement to enter into a marital relationship without securing a marriage license from the state. When you need legal assistance to address the end of your common law marriage, you can turn to Pickard Law, P.C.. We have more than 100 years of combined experience serving Littleton and the surrounding area with their family law challenges, including navigating the aftermath of a common law divorce.

Is There A Common Law Divorce?

Like it or not, while Colorado has adopted the concept of common law marriage, there is no such thing as a “common law divorce.”

When people in a common law marriage break up, the court handles issues such as asset division, parental rights, child support, and maintenance in the exact same manner that it would for a legally married couple. This means that the same marital equitable property laws apply and any assets acquired after the start of your common law marriage may be subject to division.

If you do not have a common law marriage, you must use a partition action to divide your jointly-owned assets if you are not able to otherwise resolve your ownership issues between yourselves. A partition action allows someone with an interest in certain real or personal property to request that a judge issue a distribution order.

Common Law Marriage And Wills

Another area to be particularly wary of is the concept of intestate succession and its intersection with common law marriage. Intestate succession is the laws that apply when someone dies without a will. Where there is no will, the existence of a common law marriage can have a significant impact on the ultimate distribution of assets.

Common Law Marriage Without Cohabitation

The Colorado Supreme Court has issued several landmark decisions about common law marriage. Previously, common law marriage required cohabitation between a couple. Now, it depends solely on the couple’s mutual intent to enter into a marital relationship. Courts can also consider a couple’s shared financial obligations, estate planning, symbols such as commitment ceremonies and the start date of the relationship. The court also acknowledged that common law marriage can occur between same-sex couples.

Ask Us More About Common Law Marriage

Colorado’s rules and regulations often seem very complex and can quickly overwhelm you. Contact us at Pickard Law, P.C., to receive the guidance you need when it comes to entering into or ending a common law marriage. To set up an initial consultation, please call 303-989-6655 or send us an email.