Divorce is already a complex topic, but when you add “common law” into the mix, confusion can spike. If you’re wondering about common law divorce in Colorado, this guide will break it down in simple, easy-to-understand terms, while also providing legal context for law practices.
What is Common Law Marriage?
Before we dive into divorce, it’s important to understand common law marriage:
- Definition: A common law marriage is one where a couple lives together and presents themselves as married, without officially obtaining a marriage license or having a formal ceremony.
- Colorado and Common Law: Colorado does recognize common law marriages, but only if certain conditions are met. These include:
- The couple mutually agrees that they are married.
- They live together.
- They publicly present themselves as husband and wife (or spouses).
Colorado law treats a valid common law marriage the same as a formal marriage, meaning couples have the same legal rights, responsibilities, and obligations.
Can You Get a “Common Law Divorce” in Colorado?
The term “common law divorce” can be misleading. Here’s why:
- There is no special divorce procedure called a “common law divorce.”
- If you are in a common law marriage in Colorado, any divorce you file is treated the same way as a traditional divorce.
- You cannot dissolve a common law marriage informally—you must go through the legal process in court to divide property, address child custody, and handle support obligations.
So, in essence, a “common law divorce” is just a regular divorce for people who were married under common law.
Steps to Divorce a Common Law Marriage in Colorado
Divorcing a common law marriage follows the standard divorce procedure in the state. Here’s a breakdown:
- Confirm the Marriage
- You must prove the existence of a valid common law marriage.
- Evidence can include:
- Joint tax returns
- Shared bank accounts
- Statements from friends and family acknowledging you as spouses
- Cohabitation records
- File a Petition for Dissolution
- File in the district court of the county where you or your spouse lives.
- Include information about:
- Assets and debts
- Children (if any)
- Grounds for divorce (Colorado allows no-fault divorce, meaning you don’t have to prove wrongdoing)
- Serve the Spouse
- Your spouse must be officially notified about the divorce proceedings.
- Negotiate or Litigate
- Couples can either:
- Negotiate an agreement: Decide on property division, custody, and support amicably.
- Go to court: If disputes exist, a judge will decide based on Colorado law.
- Final Judgment
- Once all issues are resolved, the court issues a Decree of Dissolution of Marriage, officially ending the marriage.
Key Legal Considerations
Even though the process is like a normal divorce, there are a few unique aspects for common law marriages:
- Proving the Marriage
- Unlike formal marriages with a license, you must show evidence of the relationship’s validity.
- Property Division
- Colorado is an equitable distribution state, meaning property is divided fairly (not necessarily 50/50), whether the marriage was formal or common law.
- Alimony/Spousal Maintenance
- The court may award maintenance based on income, length of the marriage, and other factors, same as traditional marriages.
- Children
- Custody, parenting time, and child support follow the same legal standards as in a formal divorce.
Common Myths About Common Law Divorce
- Myth 1: You can “walk away” from a common law marriage without court involvement.
Fact: You must go through legal divorce procedures. - Myth 2: Common law marriages are easy to prove.
Fact: Courts often require substantial evidence to recognize a common law marriage. - Myth 3: Colorado allows common law divorce specifically.
Fact: There is no special divorce process—it’s a standard divorce applied to common law marriages.
Practical Tips for Everyday Users
- Gather Evidence Early: Collect financial records, photos, joint leases, and statements from friends/family.
- Consult an Attorney: Even if your marriage seems informal, legal help can protect your rights.
- Document Everything: Especially if children or shared property are involved.
- Consider Mediation: It can save time and money compared to a lengthy court battle.
Why Lawyers Need to Know This
For legal practitioners, understanding common law divorces in Colorado is essential because:
- Proof Requirements: Cases often hinge on whether the court recognizes the marriage.
- Property & Debts: Equitable distribution requires careful asset tracing.
- Precedent Awareness: Familiarity with prior Colorado cases on common law marriage can guide litigation strategy.
- Client Education: Many clients confuse “common law divorce” with an informal breakup; lawyers must clarify the legal obligations.
Conclusion
In Colorado, a common law divorce is not a special kind of divorce. It is a standard divorce for couples in a valid common law marriage, with all the same legal rights and responsibilities as formal marriages. The key difference lies in proving the marriage before the court can grant a dissolution.
Understanding the process, gathering evidence, and seeking legal guidance can make what seems complex much more manageable. Whether you’re an everyday individual or a practicing attorney, clarity about common law divorce can prevent confusion and protect your legal interests.
FAQ: Common Law Divorce in Colorado
Q1: Can anyone claim a common law marriage in Colorado?
A: Only if they meet Colorado’s criteria for common law marriage: mutual agreement, cohabitation, and public representation as spouses.
Q2: How long does a common law divorce take?
A: The timeline is similar to traditional divorce—often 3–12 months, depending on disputes over property, children, or maintenance.
Q3: Do I need a lawyer for a common law divorce?
A: It’s not mandatory, but legal guidance is highly recommended to ensure rights are protected.
Q4: What if the other spouse denies the common law marriage?
A: You’ll need to provide evidence in court, such as joint finances, affidavits, or public acknowledgment of your marriage.
Q5: Are property division and alimony different for common law divorces?
A: No, Colorado treats common law marriages the same as formal marriages regarding property and spousal support.
