Colorado, unlike many other states, still recognizes common-law marriage, also known as informal marriage. This means a couple can be legally married without ever having obtained a marriage license or having a formal ceremony. However, this can lead to unexpected legal consequences, especially during separation or death. Understanding how common-law marriage is established in Colorado is crucial for those wanting to avoid it.
This article will explore the criteria necessary to establish a common-law marriage in Colorado and offer practical steps to avoid inadvertently entering into one.
What Constitutes a Common-Law Marriage in Colorado?
To be legally considered common-law married in Colorado, a couple must meet three specific criteria:
- Cohabitation: The couple must live together. This isn't just occasional overnight stays; it requires a consistent, shared residence.
- Cohabitation with the Present Intent to be Married: This is the most critical element. Both parties must intend to be married, and this intention must be present during the period of cohabitation. Simply living together isn't enough; the intent to be married must be clear. This intention can be shown through actions and statements.
- Representing Themselves to Others as Husband and Wife: This involves publicly presenting themselves as a married couple. This can include introducing each other as husband and wife, filing joint tax returns, or using each other's names on legal documents.
It's important to note that the intent to be married must be present at the beginning of the cohabitation. A later decision to consider yourselves married doesn't retroactively create a common-law marriage.
How to Avoid Common-Law Marriage in Colorado
Avoiding common-law marriage in Colorado requires careful consideration of your actions and intentions. Here are several key strategies:
1. Clearly Define Your Relationship:
Have an open and honest discussion with your partner about your intentions. If you do not wish to be married, explicitly state that you are not seeking a marriage, whether formal or informal. Documenting this understanding, while not legally binding in itself, could be helpful evidence should a dispute arise later.
2. Avoid Presenting Yourself as Married:
Refrain from actions that might imply a marital relationship. This includes:
- Not introducing each other as husband and wife.
- Not filing joint tax returns.
- Avoiding using each other's names on official documents (like bank accounts or leases).
- Being mindful of how you refer to each other on social media.
3. Maintain Separate Finances:
Keep your finances completely separate. Maintain individual bank accounts, credit cards, and investments. While joint accounts are not proof of common-law marriage, they can be used as evidence in court, making it easier to claim that you intended to be married.
4. Have a Written Agreement:
Although not legally required, a written agreement explicitly stating that you are not married can be invaluable evidence should a dispute arise. This document should be clear, concise, and signed by both parties. However, it is advisable to seek legal counsel to ensure the agreement is comprehensive and enforceable.
5. Consult with an Attorney:
If you are in a long-term relationship and have concerns about common-law marriage, consulting a qualified Colorado attorney is highly recommended. They can provide tailored advice based on your specific circumstances.
Frequently Asked Questions
What happens if I unintentionally enter a common-law marriage?
If you find yourself in a situation where you believe you might unintentionally be in a common-law marriage, seeking legal counsel is crucial. An attorney can help assess your situation and advise you on how to proceed. Dissolving a common-law marriage requires legal action, similar to a divorce.
Can I end a common-law marriage easily?
No. Ending a common-law marriage involves legal proceedings similar to a divorce, including the division of property and potential alimony. It is not a simple matter of separation.
Is there a way to prove I didn't intend to be married?
Evidence such as separate finances, the lack of public representations of marriage, and testimony from witnesses can be used to argue against the existence of a common-law marriage. Again, legal representation is advisable.
By understanding the requirements for common-law marriage in Colorado and proactively implementing the strategies outlined above, individuals can significantly reduce the risk of unintentionally entering into such a union. Remember, prevention is far easier than a later attempt to undo a legally binding relationship.
