Common-Law Divorce Attorney

At Philip Goldberg PC, we work with clients seeking a divorce from a common-law marriage. We offer each client excellent care based on our extensive knowledge of Colorado family law.

Contact our office to schedule a consultation to discuss your family law issue.

What Is a Common-Law Marriage in Colorado?

A common-law marriage is a relationship recognized as a valid marriage by the state. Even though the married couple did not apply for a marriage license or have a traditional marriage ceremony, the state views the relationship as a legal marriage. The agreements and conduct of the parties determine the existence of the marriage.

Common-law marriages in Colorado are governed by the same standards and procedures as traditional marriages, including the process of legal separation and divorce.

Proving Common-Law Marriage in Colorado

A common-law marriage is often more difficult to prove than a tradifional marriage. Colorado courts look at the totality of the circumstances in determining the existence of a common-law marriage.

Relevant information may include:

  • Cohabitation or living together
  • Joint bank accounts and finances, including filing joint tax returns or joint bankruptcy
  • Reputation in the community as being married
  • Joint property ownership

  • Using the same last name

  • Joint estate planning

  • Living as a married couple, including celebrating anniversaries, referring to each other with spousal terms, or listing each other as the next of kin

Our law firm works with clients to establish or contest a common-law marriage.

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Contact Philip Goldberg PC

Schedule a consultation to discuss your family law issue.

How to End Common-Law Marriage in Colorado

A common-law marriage has the same rights, privileges, and responsibilities as a traditional marriage. Therefore, the parties must follow the same process as other married parties to end a common-law marriage.

If you wish to end your common-law marriage, you must file for a dissolution of marriage, legal separation, or annulment. You cannot simply walk away from the relationship. If you do not obtain a divorce and you subsequently get remarried, the new marriage is invalid under the law.

Consult a lawyer specializing in family law if you decide to dissolve your common-law marriage. We can help you determine if your relationship meets the standards for common-law marriage.

Common-Law Marriage FAQs

Many people believe that the amount of time a couple has lived together determines whether they are common-law married. However, the existence of a common-law marriage does not depend on just one factor. Colorado courts look at the totality of the circumstances in determining the existence of a common law marriage, such as cohabitation, sharing a last name, filing tax returns as married, and multiple other factors.

Establishing a common law marriage requires evidence of marital status. We work with clients to gather the evidence required to establish or contest a claim of common-law marriage.

Yes. Even if you live apart, you can still be legally married. Colorado courts look at the totality of the circumstances in determining the existence of a common law marriage. Cohabitation is just one factor of many that the court will consider.

While there is no legal requirement to retain an attorney, you will benefit from experienced legal representation. An experienced attorney will help you understand all the issues involved in establishing and dissolving your common-law marriage and will help ensure the best possible outcome in your case.

Yes. Same-sex couples can enter into a valid common-law marriage. In Colorado, there is no distinction between same-sex marriage and opposite-sex marriage.

Experienced Family Law Attorney for Common-Law Divorce

Philip Goldberg PC is a law firm serving clients in Denver and surrounding communities. We specialize in divorce, child custody, and other family law matters, including common-law marriages. We will help you navigate the complex legal process with compassion, dedication, and expert guidance.

Contact us today to schedule an initial consultation.