How long do couples have to be together to be considered married in Colorado?

DENVER (KDVR) — Some states require that all couples do things like say “I do,” or sign papers in order to be considered married. This isn’t always the case.

Colorado is one of only a handful of states that fully recognize what are known as “common-law marriages.” This is where a couple can be considered married without signing any papers or having a formal or informal ceremony. There are a few stipulations, however.

What are common-law marriages in Colorado?

Common-law marriages are considered just as valid as ceremonial marriages in Colorado, meaning couples can do things like file their taxes jointly. These marriages can also only be ended the same way as ceremonial marriages, through divorce or death.

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There is no time requirement for the relationship, meaning a couple can be together for any period of time, as long as they fulfill some requirements, such as referring to each other publicly as a spouse.

The main requirement is that both people can legally get married. Already being married to someone else and being younger than 18 years old are things that would bar someone from being able to enter into a common-law marriage.

The rules are not definitively set out in Colorado law and are instead set out as guidelines in Colorado Supreme Court cases.

Essentially, there are a few things that courts can use as proof that a relationship was indeed a common-law marriage if it’s disputed. Determinations are done on a case-by-case basis by the courts, with no set list of things to check off.

Before 2021, there were more stringent requirements for what counted as proof for a common-law marriage.

These new Colorado laws go into effect Aug. 7

In order to be more inclusive, the Colorado Supreme Court decided to make requirements more vague. For example, certain things like someone taking their partner’s last name can be used as proof of a common law marriage, but a couple opting not to do that can’t be used as proof that there wasn’t one.

In some cases, the absence of something, such as living together, can be used as proof against it being a common-law marriage. However, just the fact that two people did live together isn’t necessarily an important factor.

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