Common Law Divorce Attorney Denver

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 request an appointment to discuss your family law needs.

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 decisions and behaviors of the two married parties determine the validity of the marriage.

The same rules and regulations as traditional marriages in Colorado govern common law marriages, including separation and divorce.

Proving Common Law Marriage in Colorado

A common law marriage is more difficult to prove than those backed by a legal marriage license. However, Colorado looks for specific indicators when determining the validity of the marriage.

  • 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

  • Combined estate planning, like with a will
  • 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 individual common-law spouses or couples to present the evidence of a formal marriage to the courts. We can work on cases for divorce or other family law issues like child custody.

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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 don’t seek a divorce and later enter a subsequent marriage, the new relationship is not valid in the eyes of 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.

Requirements for A Common Law Marriage Divorce

Colorado is a no-fault state for divorce. The behavior of either spouse does not determine the outcome of the divorce, including division of assets or determining spousal support.

The law has specific requirements to issue a dissolution of marriage in Colorado.

  • To file the petition, at least one spouse must have been a resident of Colorado for at least 91 days.
  • Allow for a mandatory 91 day waiting period after service for the divorce to become final.

To understand the details of the divorce process and protect your interests, work with a proven and experienced Denver attorney. At Philip Goldberg PC, we know the law and the emotional toll of a divorce. We offer the support you need to achieve the end of common-law marriage.

Common Law Marriage FAQs

Many people think the amount of time a couple has lived together determines a common law marriage. However, proof of marriage requires more than just cohabitation. Colorado courts consider several factors to determine the validity of a common law marriage, like joint credit cards, sharing a last name, and more.
Proving a common law marriage requires evidence of marital status. Work with an experienced attorney to compile the needed evidence to present to the courts. Items like bank statements, a legal name change, joint tax returns, or a will can support the validity of a marriage.

Yes. Even if you live apart, you can still be legally married. However, the process to prove the relationship may become more challenging. Other factors, like joint finances, reputation for being married, using spousal terms to refer to the relationship, etc., can influence the ruling as a common law marriage.

Yes! You should consult with an experienced family lawyer who specializes in divorce cases. An attorney can help you understand all the issues involved in ending your common law marriage. They can also advise you about preparing your case and what documents you should provide to the court.

While there is no legal requirement to have an attorney, you benefit from the expert knowledge of legal representation.

Yes. Same-sex couples can enter a valid common law marriage. The law treats same-sex marriages with the exact requirements and processes as people in a heterosexual marriage.

Experienced Family Law Attorney for Common Law Divorce

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

Contact us today to schedule an initial consultation.