There are many people who are very confused about what constitutes a common law marriage. For most, they believe that if they have simply lived under the same roof for a certain amount of time that they are common law married.  Even if you have children together and pay bills equally, this may not be the case.

What is a Common Law Marriage?dreamstime_xxl_33878228

The first criteria to be common law married is that both members of the relationship are able to be legally married. This means that neither party can be married to anyone else and they both must agree to be married to the one another.

In addition, cohabitation does help to lend to the creation of a common law marriage. There are no specific time requirements and there are some couples who are common law married that don’t live together. In some cases, like in a regular ceremonial marriage, one member of the common law marriage may take the last name of their partner.

Divorce & Common Law Marriages

When it comes to ending a common law marriage, the process in Colorado is exactly the same as someone who has been married in a church or courthouse. The only way a common law marriage can be terminated is by death or divorce.

If you are interested in learning more about common law marriages and whether or not you are in one, contact the expert litigators at the Law Offices of Loomis & Greene today. We can help you sort out the details.