Common Law Marriage and Divorce in Colorado: What Couples Should Know

COLORADO FAMILY LAW

ANGIE WHITFORD

Colorado is one of only a handful of states that still recognizes common law marriage; a marriage formed without a license, a ceremony, or a signed certificate. That surprises many couples, and so does this: if you are common law married in Colorado, you are just as married as a couple who walked down the aisle and signed a marriage license. Same rights, same obligations, and, if the relationship ends, the same divorce process.

Because there is no paperwork marking the moment a common law marriage begins, disputes about whether one exists tend to surface at the worst possible times — during a breakup, after a partner’s death, or when benefits and property are on the line. Here is how Colorado law approaches these questions.

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DATE: AUG 11, 2026 | COMMON LAW MARRIAGE | 7 MIN READ

What Makes a Common Law Marriage in Colorado?

Don’t be fooled - there is no magic number of years of living with a partner that will make you common law married. The popular belief that living together for seven years (or any set period of time) automatically creates a marriage is a myth. Instead, Colorado courts apply the factors set out in People v. Lucero, 747 P.2d 660 (Colo. 1987) which the Colorado Supreme Court revised and applied in a trio of opinions issued in 2021 - In re Marriage of Hogsett and Neale, 478 P.3d 713, In re Estate of Yudkin, 478 P.3d 732, and In re Marriage of LaFleur and Pyfer, 479 P.3d 869.

The key inquiry is whether the parties intended to enter a marital relationship— meaning they intended to share a life together as spouses in a committed, intimate relationship of mutual support and obligation.

There are also baseline requirements. Under Colorado statute, both parties must be at least eighteen years old, and the marriage cannot be one that is otherwise prohibited (for example, when one person is already married to someone else). Colorado also recognizes common law marriages between same-sex partners, including relationships formed before same-sex marriage was legally recognized.

01 What Evidence Do Courts Consider?

In Hogsett, although the Court acknowledged that some of the factors from Lucero may still be relevant to the court’s overall analysis including the couple’s conduct for evidence of an implied agreement to marry additional factors to be considered were added:

A key refinement in Hogsett is that the presence or absence of a particular factor from Lucero cannot be dispositive either way – there is no single factor that decides the issue. Instead, the conclusion the court draws from the parties’ conduct can and will vary depending on the particular circumstances. The significance the court gives to a particular factor will depend on the individual, the relationship, and the broader circumstances, including cultural differences. Everything must be considered in context and requires the court to conduct a fact-intensive inquiry to determine whether a common law marriage does or does not exist.

Notably, after Hogsett, even living together is not strictly required — it is relevant evidence, but not essential. The flip side is just as important: a couple can live together for decades, share expenses, and raise children without ever becoming common law married, if they never mutually agreed to be married. Intent is what counts – did the parties mutually intend to enter into a marital relationship?

02 There Is No Common Law Divorce

This is the part that catches many people off guard. While Colorado allows couples to enter a marriage informally, there is no informal way out. A common law marriage can only end the same way any marriage ends: through death, annulment, legal separation, or dissolution of marriage (i.e. divorce).

A common law divorce case often begins with a threshold dispute: one person claims the couple was married, the other denies it. When that happens, the spouse asserting the marriage must prove it existed by a preponderance of the evidence.  This is a threshold determination before the divorce itself can move forward.

Once a common law marriage is established, the divorce proceeds exactly like any other case. That means equitable division of marital property, potential spousal maintenance, and — if the couple has children — parenting time, decision-making responsibility, and child support, all decided under the same statutes that govern licensed marriages.

03 Frequently Asked Questions

Does living together for seven years make us common law married in Colorado?

No. There is no time requirement at all. A common law marriage depends on mutual agreement or intention to be in a marital relationship and conduct showing that mutual agreement or intent — not on how long you have lived together.

Can we just break up if we are common law married?

No. A common law marriage is a legal marriage, and it must be ended through a formal dissolution (divorce) in court, with the same property, maintenance, and parenting issues (if applicable) being addressed as in any other divorce.

What if my partner denies we were ever married?

The person claiming the common law marriage must prove it existed by a preponderance of the evidence.  This is a fact-intensive inquiry.  The court will look at the totality of your circumstances — finances, tax returns, beneficiary designations, how you presented yourselves, etc. — to decide.  You will need to prove that you and your partner mutually intend to enter into a marital relationship.

Does Colorado recognize a common law marriage formed in another state?

Generally, a marriage that was valid where it was formed is recognized in Colorado. Whether another state's requirements were met is its own legal question worth reviewing with an attorney.

How can we avoid accidentally becoming common law married?

Courts look for mutual intent, so an “accidental” common law marriage is unlikely — but partners who want clarity can enter into a Cohabitation Agreement affirmatively stating they are not married and they do not intend to be married.

Need guidance regarding a Colorado family law matter?

Contact AWH Family Law today to schedule a confidential consultation. You can reach our office at (720) 598-0957 or email info@awhfamilylaw.com.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. All individual circumstances are different, and the law can change. If you have questions about how Colorado law applies to your situation, please consult a Colorado family law attorney.

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