Denver, Colorado, Common Law Marriage Attorney

The circumstances that lead to the creation of a common law marriage are less defined than conventionally achieved marriages. Only 10 American states recognize common law marriages, with laws varying from state to state. Consequently, common law marriage guidelines in Colorado are often misunderstood.

When questions arise regarding whether two people are legally single or have entered into a common law marriage, and whether common law marital status will affect property and custody upon separation, an experienced common law marriage attorney can answer your questions and defend your rights.

What Constitutes a Common Law Marriage?

Many of my clients initially believe they are or were in a legal marriage with their partner if they have a history of cohabitation. This is not necessarily the case. Common law marriage is usually determined by a combination of factors, including:

• Did you live together? For how long?
• Were you both free to enter into a marriage? Did you consent to it?
• Did you file taxes jointly?
• Did you share health care benefits?
• Did you represent to your community that you were married?
• Did you share bank accounts or designate each other as beneficiaries on insurance policies?

It can be very important to determine your legal status and the legal status of your partner. Custody of children can be facilitated by common law marriage, as can the establishment of property ownership, including real estate, bank accounts and pensions. If you and your partner are separating or divorcing, the recognition of a common law marriage may legally entitle you to property and custody rights. You will also need to enact dissolution proceedings to end the marriage.

A knowledgeable and committed family law lawyer can help. I can provide experienced legal services to establish your marriage status, pursue your rights and work directly with you to determine fair and full solutions to your marital legal problems.

Contact Me

Recognizing common law marriage can seem difficult and confusing, even in relatively clear circumstances. If you have questions regarding common law marriage, give me a call. I can work to determine, pursue or prove your marital status and fight for your marriage rights. Contact me at 303-757-5155.

Debra Jay Ehrenstrasser, Family Law Attorney
3900 E. Mexico Avenue, Suite 330
Denver, CO 80210-3942

Phone: 303-757-5155
Fax: 303-757-8188