Do You Need Help With A Common Law Marriage?

Our state is one of a few that allows couples to enter into a common law marriage, a marriage established without a marriage license or formal ceremony. Our experience at Diane S. Freed, P.C. Attorney at Law, is that common law marriage claims increase in hard times.

What Is Common Law Marriage In Colorado?

The status is not clearly defined, but it is clear that not every live-in relationship rises to the level of a marriage. To be married in the eyes of the law, people in a common law marriage must show that they live together and that they have agreed to be married, and present themselves to the community as being married.

Did You Know?
If you are truly married, the law expects you to file a dissolution of marriage agreement when you break up. If you don't, and you remarry, you may be charged with bigamy.

Cohabitation by itself is not a proof. Neither is the amount of time they have spent together. The law wants to know what the intent of the couple has been, and how the community perceives them. Filing joint income tax returns is regarded as good evidence. So is the woman taking the man's last name.

Obtaining Benefits Puts The Burden Of Proof Upon You

One of the challenges a party trying to prove the existence of a common law marriage faces is proving they are really married and entitled to the legal benefits of marriage. This is not always easy, particularly when the two individuals contest the nature of the relationship.

When the nature of their relationship is in dispute, it is best to bring in a Colorado divorce or family law attorney who has long experience dealing with common law marriages, like the lawyer at Diane S. Freed, P.C.

Common law marriages can face legal challenges when the relationship comes to an end. Were they or weren't they married? Call the Lakewood office of Diane S. Freed, P.C., at 303-500-8865 or email us.