Colorado Springs Common Law Marriage Attorneys
Helping Our Clients Establish Their Marriage in the Eyes of the Law
Wonder if you qualify for common law marriage? Do you need a divorce from
your common law spouse? Colorado is one of a handful of states that still
recognizes common law marriage, but to qualify as being common law married,
you and your spouse must meet certain conditions. The attorneys at Knies,
Helland & McPherson Law are well-versed in litigating common law marriage
issues and can explain the law and advise you appropriately.
To get started, call our office at
(719) 626-8530 today!
What Is Common Law Marriage?
A common law marriage, a form of family law, can occur when a couple lives
together and hold themselves out as being married to family, friends,
and the general public.
In Colorado, there are a few general requirements for a common law marriage
to be valid. These include:
- Both parties were legally able to marry;
- Both parties always live together (cohabitate) as husband and wife; and
- Both parties hold themselves out as spouses.
There are no time limits on how long you must live together to be considered
common law married.
Why Does Common Law Marriage Exist?
Common law marriages began for several reasons. The first reason was that
some people did not have access to a minister or priest to perform the
wedding ceremony. Others could not afford the official license in the
past. A third reason was when pioneers first began seeking homesteads
in the west, official means to register for marriage weren’t available.
Today, many people just assume the role of marriage and live their lives
in that manner.
How Can You Prove a Common Law Marriage?
In most cases, to prove that you actively participate in a common law marriage,
you will need affidavits from people who are close to you and consider
you married. You may also use legal documents that you and your spouse
have signed as spouses. Be sure to speak with a family law firm, like
Knies, Helland & McPherson Law, which focuses on family law. An experienced
lawyer will know the questions to ask and the evidence needed to prove
a common law marriage. Likewise, should you be asked questions by an attorney,
do not answer without legal representation at your side.
Can You Formalize a Common Law Marriage?
Although it is not required, couples who are common law married can file
their marriage with the state so that it is officially recognized. The
State of Colorado will allow a married couple to sign an Affidavit of
Marriage in front of a Notary Public and file it with the County Clerk’s
and Recorder’s Office.
When Do I Need a Lawyer?
There are three main reasons that you may need to seek the services Knies,
Helland & McPherson Law concerning your common law marriage in Colorado:
Affidavit of Marriage: You can have a legal Affidavit of Marriage prepared and witnessed in our
law firm so that your marriage can be recorded with the County Clerk’s Office.
Estate Planning: If you are in a common law marriage it is very important that you protect
your spouse with proper estate planning. Without the right preparations,
your spouse may be at financial risk.
Divorce: Even though you have entered a common law marriage, the State of Colorado
requires you to enter into an official divorce if you plan to end your
If you are facing a divorce for a common law marriage it is very important
that you seek quality legal assistance.
Offering Quality Legal Services
Common law marriages have special requirements for divorce that help you
protect your interests. Knies, Helland & McPherson Law is a firm that
understands these requirements and can guide you through the process.
Our attorneys have litigated numerous cases dealing with complex issues
related to common law marriage, such as same-sex common law marriage that
predates the legalization of same-sex marriage.
Contact us online today or call
(719) 626-8530 to schedule your consultation.