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 legal loophole can lead to unintended consequences, especially if the relationship ends. Understanding how common-law marriage is established and taking steps to avoid it is crucial for protecting your legal and financial interests.
What Constitutes Common-Law Marriage in Colorado?
To be considered legally married under Colorado common-law, a couple must meet three specific criteria:
- Cohabitation: The couple must live together. This isn't just occasional visits; it's a continuous shared residence.
- Present Intent to be Married: Both individuals must have a present intent to be married. This is the most challenging aspect to prove or disprove. It's not enough to simply live together; they must intend to be married now, not sometime in the future. Evidence of this intent is often debated in court.
- Representation to Others: The couple must hold themselves out to others as being married. This could involve introducing each other as husband and wife, filing joint tax returns, or using the same last name.
The absence of even one of these elements prevents a common-law marriage from being established.
How to Avoid Common-Law Marriage in Colorado
Avoiding common-law marriage requires careful consideration and clear action. Here are some crucial steps to take:
1. Maintain Separate Residences:
This is the most straightforward way to avoid a common-law marriage. If you and your partner maintain separate living arrangements, the cohabitation requirement is not met.
2. Avoid Presenting Your Relationship as Marital:
Refrain from introducing your partner as your spouse, filing joint tax returns, or using the same last name. While sharing finances can be convenient, it adds evidence that strengthens a common-law marriage claim. Keep finances separate whenever possible.
3. Document Your Intent Not to be Married:
While less common, creating a written agreement stating that you and your partner do not intend to be married can provide valuable evidence in case of a dispute. This agreement should be witnessed and notarized. This is a proactive measure to protect yourself.
4. Seek Legal Counsel:
If you're in a long-term relationship with someone but do not want to be married, consulting a family law attorney in Colorado is highly recommended. They can advise you on the best strategies to protect your interests and help you create a legally sound agreement.
Frequently Asked Questions (PAAs)
Can I be married informally in Colorado?
Yes, Colorado recognizes common-law marriage, meaning you can be legally married without a formal ceremony or license if you meet the three criteria mentioned above: cohabitation, present intent to be married, and representation to others as being married. However, it's crucial to be aware that this can have significant legal and financial ramifications.
How do I dissolve a common-law marriage in Colorado?
Dissolving a common-law marriage involves the same legal processes as dissolving a formal marriage: divorce. You must file for divorce in the appropriate Colorado court, and the court will decide on property division, spousal support (alimony), and other matters.
What if we share finances but don't intend to be married?
Sharing finances can be misinterpreted as evidence of a common-law marriage. While it's not a definitive factor on its own, coupled with other indicators, it can strengthen a claim. To mitigate this risk, keep your finances largely separate. Maintain individual bank accounts, credit cards, and tax filings.
Is a cohabitation agreement the same as avoiding common-law marriage?
A cohabitation agreement can clarify the financial and legal responsibilities between unmarried partners living together. It is not a guarantee against a common-law marriage claim; however, it can help clarify the nature of your relationship and reduce the likelihood of a dispute should the relationship end. However, it is best to consult a lawyer to ensure the agreement accurately reflects your intentions.
By understanding the requirements for common-law marriage and taking proactive steps, you can effectively avoid the unintended consequences of an informal marriage in Colorado. Remember, seeking legal counsel is always a wise choice to ensure your rights and interests are protected.
