Colorado considers many forms of union between two people who join their lives or create a family. Traditional marriage is still the most common way for two people to unite, but most states now also recognize other options, including civil unions and common-law marriages in Colorado. It’s important to understand the differences between these two alternatives to a traditional marriage if you and your loved one are weighing your legal options for uniting.
What is a Common Law Marriage in Colorado?
The term “Common Law Marriage” is often misused and misunderstood in the United States. It’s sometimes used simply to describe any cohabitating couple or understood to refer to couples who’ve lived together for more than 7 years. In actuality, common law marriages began historically as a stop-gap measure for couples to live as man and wife in isolated rural areas where they had to wait many months for a visit from clergy to preside over a ceremony.
In Colorado, common law marriage refers to any couple who cohabitate with a simple agreement that they are married and an announcement as such to family and friends. They need not have obtained a marriage license or had a legal or religious ceremony with an officiant in order to be considered common-law spouses. The only exceptions to this rule are the following:
- Couples under age 18 cannot become common law spouses
- They cannot be already married to others
- They cannot be engaged to marry someone else
- They cannot be common-law spouses if one or both parties already have a common-law marriage with another
When a couple becomes common-law spouses they enjoy similar legal rights, obligations, and protections as spouses married with a marriage license and officiant including:
- The right to hospital visitation
- The right to survivor benefits
- The right to be considered married even when traveling or moving to other states
- The obligation to report the common law marriage status to the court to terminate any alimony from a previous marriage
While in most cases, a spouse can also provide healthcare coverage for a common-law spouse, some health insurance providers may prohibit this and others may require a signed statement validating the common-law marriage status.
In some cases, courts use other means to prove a common law marriage existed between cohabitating couples by examining records such as joint bank accounts, joint tax returns, and joint property ownership.
Ending a common-law marriage requires a dissolution or divorce just as a traditional marriage. If a common-law spouse does not obtain a legal divorce they could face legal problems later if they try to remarry.
Dissolution of a Common-Law Marriage in Colorado
Common-law spouses who decide to end their marriage must file for a dissolution of marriage just as those in traditional marriages; however, the process typically begins first with an investigation to document evidence that the common-law marriage status exists. In some cases, one common-law spouse asserts the marriage status and the other denies it. The court will dismiss the case if they determine that the common law marriage status was not in place; however, if the couple shares children, the court will often allow the dissolution process to proceed in order to form a custody agreement since it upholds the standard of deciding all cases in the best interests of children.
Once it’s established that the spouses meet the criteria for common law marriage, the process follows the same guidelines as a traditional Colorado divorce.
What is a Civil Union in Colorado and How Does it Differ From Common Law Marriage?
A civil union is a legalized relationship between loved ones that’s very similar to a marriage. While not all states currently offer this option for union, Colorado recognizes civil unions between couples with the same rights, protections, and privileges as those in a traditional marriage. Civil union was originally used most often by same-sex couples who weren’t allowed to legally marry until 2014. Now, however, a civil union remains a legal option for both same-sex and heterosexual couples seeking an alternative to traditional marriage.
Unlike a common law marriage, couples seeking a civil union must apply for a license, similar to a traditional marriage. Civil union provides couples all the same rights and protections as a marriage, only on a state level rather than a national level. The protections and rights of a civil union include:
- Healthcare benefits
- Inheritance rights
- Parental rights
- Survivor rights
- Joint property rights
- Spousal privilege
Civil union differs from traditional marriage in that it isn’t recognized at a federal level. Therefore, couples in a civil union may find they don’t have the same protections if they move to a state that doesn’t recognize the civil union. Federal taxes must be filed individually rather than jointly for couples in a civil union. Some federal benefits, such as social security and veteran’s benefits may not carry over to the spouse in a civil union as they would in a traditional marriage. If you have questions about family law in Colorado, speak with an experienced Denver family law attorney.
Dissolving a Civil Union in Colorado
Just as in traditional marriages, couples in civil unions sometimes come to the conclusion that the relationship is irretrievably broken. In this case, dissolving the civil union follows a process that’s very similar to a Colorado divorce. The partners must have obtained their civil union status in Colorado and at least one partner in the civil union must have resided in Colorado for at least 91 days prior to filing the petition with the court in their jurisdiction. To dissolve the union, civil spouses must do the following:
- Decide if you are filing jointly or one person files and the other is served with the petition and becomes the respondent
- File the petition for dissolution of civil union with the help of a Colorado divorce attorney
- Attend an initial status conference together with your attorneys within 42 days of filing
- As in divorce, both parties must negotiate the “fair and equitable” division of their joint assets. If unable to reach a mutually acceptable agreement, both sides must present their arguments in court for a judge to decide on disputed aspects of the divorce
If civil spouses have children, they must have lived in Colorado for at least 182 days before filing or from birth in order for the court to have jurisdiction to make custody decisions.
How Are Assets Divided in Dissolutions of Common Law Marriages and Civil Unions
Just as in divorces for traditionally married spouses, Colorado law requires the spouses to divide their joint assets in a way that’s “fair and equitable.” It does not have to be exactly 50/50 which leaves room for the spouses to negotiate. For example, one spouse may wish to retain the marital home and wish to trade a smaller property together with a car or RV in exchange for the home. Joint assets subject to division in dissolutions of civil unions and common law marriages in Colorado include the following:
- All bank accounts begun or added to during the marriage or union
- All investment accounts regardless of the name on the account
- All real estate property
- Vehicles, boats, and RVs
- Household goods, furnishings, appliances, electronics, artwork, and valuables
Spouses may retain separate property that belonged solely to them before the marriage or any property they inherited or received as gifts during the marriage.