You and your partner built a life together, maybe for years, without ever signing a marriage license. Now the relationship is ending, and you are not sure whether Colorado law considers the two of you married at all.
That uncertainty is significant. Without answers, important decisions about your property, finances, and parenting rights can become much harder to navigate. A partner who later denies the marriage can also leave you struggling to prove it existed.
At Monclova Law, we help couples determine whether a common law marriage exists under Colorado law and what ending one entails. Speaking with a common law divorce lawyer early can help you understand your rights before decisions about property or parenting are made.
Why Denver Families Turn to Monclova Law
Choosing who to call when a long relationship ends is a hard decision, especially when you are not certain the law even recognizes your marriage. The first thing that helps is a clear answer about where you stand, explained in plain language.
That is the work we at Monclova Law do with families in Denver and across Colorado. Our bilingual team handles both sides of a common law case, including whether a marriage exists, how to divide property, and how to allocate parenting time.
Our founder, María Monclova, studied at the University of Denver Sturm College of Law and handles divorce and custody matters alongside family law attorney Carolyn Bayens. 5280 magazine has ranked María on its Top Lawyers in Denver list every year from 2023 to 2026.
Client Testimonials
“Thank you very much Attorney Monclova for representing my grandson Niko and my daughter Alexis in the case. Thank you for working hard and winning custody, we are very grateful for your work and we appreciate everything that had to be done to win this case. It was a pleasure to have been represented by a Hispanic woman who fights for the rights and well-being of her children. Recommended a thousand times!” — Lourdes P.
“Thank you Monclova Law, very professional team of excellent lawyers who are on your team working with you to achieve the best outcome.” — Ismael J.
“Great firm! Thank you so much for everything!!!” — Veronica R.
Meet Your Common Law Marriage Lawyers
What Is a Common Law Marriage in Colorado?
A common law marriage in Colorado is a legally valid marriage that forms without a license or ceremony, and it carries the same legal weight as a marriage that began with a certificate. Colorado is one of the few states that still recognizes it.
Under Hogsett v. Neale, a common law marriage exists when a couple mutually agrees to enter the legal and social institution of marriage and then acts in a way that reflects that agreement. There is no minimum number of years, and living together on its own does not create a marriage.
Because there is rarely a single document that settles it, a court looks at the whole picture. Evidence can include:
- Joint bank accounts
- Shared property
- Joint tax returns
- Use of the same last name
- A reputation in the community as a married couple
No single item on this list decides the question. The partner claiming the marriage carries the burden of showing that both people intended to be married.
How Do You Get a Divorce From a Common Law Marriage in Colorado?
Ending a common law marriage takes the same court process as ending any other marriage. There is no separate common law divorce in Colorado. Instead, you file a petition for dissolution of marriage, and the same laws govern issues such as property division, spousal maintenance, and parenting matters.
The process generally includes these steps:
- File for dissolution of marriage. At least one spouse must have lived in Colorado for at least 91 days before filing.
- Establish that a common law marriage existed, if disputed. If one person denies the marriage, the court must first decide whether a valid common law marriage existed before resolving the rest of the case.
- Address the remaining issues. Once the court determines a marriage existed, it can divide marital property and debts, decide whether spousal maintenance is appropriate, and resolve any issues involving parental responsibilities and child support.
- Wait for the court to finalize the divorce. Colorado requires at least 91 days to pass after the court obtains jurisdiction before a judge may enter a final decree of dissolution. Colorado is also a no-fault divorce state, so the only ground for divorce is that the marriage is irretrievably broken under Colo. Rev. Stat. § 14-10-106.
If the court determines that no common law marriage existed, that does not always end the matter. Colorado recognizes the putative spouse doctrine, which may protect someone who reasonably believed in good faith that they were legally married.
Dividing Property, Debt, and Support in a Divorce of a Common Law Marriage
Once a court determines that a valid common law marriage existed, it applies the same divorce laws that govern any other marriage in Colorado. Depending on your circumstances, the court may need to decide issues such as:
- Division of marital property. Colorado follows equitable distribution, meaning marital property is divided fairly, though not necessarily equally.
- Division of marital debt. Debts incurred during the marriage are generally divided using the same equitable standard.
- Separate property. Property owned before the marriage, or received as a gift or inheritance, is generally considered separate property, although there are exceptions.
- Each spouse’s contributions. The court may consider both financial and non-financial contributions to the marriage, such as raising children or maintaining the household. These property division rules are set out in Colo. Rev. Stat. § 14-10-113.
- Spousal maintenance. Spousal maintenance (sometimes called spousal support) is not automatic. A judge evaluates factors such as the length of the marriage, each spouse’s financial resources, and each person’s reasonable needs before deciding whether maintenance is appropriate.
A common law divorce lawyer can review your situation, explain how these rules apply to your case, and help protect your interests throughout the process.
Custody and Child Support When a Common Law Marriage Ends
Colorado treats children the same whether or not their parents were formally married. Parenting time and decision-making, together called the allocation of parental responsibilities, are decided under the best interests of the child standard in Colo. Rev. Stat. § 14-10-124.
A judge weighs factors such as:
- Each parent’s relationship with the child
- The child’s adjustment to home, school, and community
- Each parent’s willingness to support the child’s bond with the other parent
Both parents owe a duty to support their children, and Colorado sets child support using guidelines based mainly on each parent’s income and the parenting time schedule.
Custody is not only for parents. In certain situations, a grandparent or another non-parent can ask the court for parental responsibilities.
After the Divorce: Modifying, Enforcing, and Appealing Orders
A divorce decree is not always the final word. Life changes, and Colorado law lets you return to court to modify certain orders, enforce an order the other person ignores, or, in some cases, ask a higher court to review a decision.
Orders about parenting time or support can usually be changed when circumstances shift in a significant and lasting way, such as:
- A job loss
- A move
- A change in a child’s needs
When the other parent stops following an order, the court has tools to enforce it, including contempt proceedings. If a family court ruling was based on a legal or factual mistake, a higher court may be able to review it. Appeals follow strict deadlines and standards, so timing matters.
Protect Your Rights in a Denver Common Law Divorce
Figuring out whether a common law marriage exists and what it means for your home, your finances, and your children is a lot to handle alone. Undoing court orders is even harder. That’s why you should seek legal counsel with Monclova Law.
Our bilingual team works with Denver families on every part of a common law divorce, including proving the marriage, dividing property, and setting a parenting plan. Before any agreement is signed or a deadline passes, talking through your options with our divorce and custody team can help you understand where you stand.
Call 720-790-3004 or reach us through our online contact form to get started.
Written By María Monclova
Maria Monclova is the founder of Monclova Law. María is an immigration and family law attorney. She was born in Mexico and since childhood she dreamed of defending the rights of immigrants. Maria attended the University of Denver School of Law and has over 15 years of experience fighting against the deportation and separation of families in this country.