(719) 520-0003

If you’ve never been interested in a big, white wedding, there’s always common law marriage. In family law, common law marriage and divorce are treated differently than traditional marriage and divorce. The process varies based on state legislation and individual preferences.

For assistance in common law marriage or divorce, contact an
experienced Colorado family law attorney at Kinnaird & Kinnaird. Our team
is determined to make this process as simple and painless as possible.
Call (719)-520-0003 to learn

There are several factors that play into common law marriage, including:


To qualify for a common law marriage, you should be able to show
financial ties to your spouse through a shared checking or savings account,
joint tax return filings, or a shared health insurance policy. In other words,
you should treat your partner as your spouse in an official capacity.


If you present yourself to the world as a married couple, you
qualify for a common law marriage. For example, do you share a last name? Do
you refer to one another as husband and wife? The ultimate goal of a common law
marriage is to grant validity to a life you’ve already been living.


Finally, you’ll need to sign an affidavit of common law
marriage. Once this certificate has been signed, you’ll share the same benefits
as a legally married couple.

Not sure if you qualify? Speak to a family law attorney at your
earliest convenience. Your attorney will help you navigate deadlines, complete
paperwork, and provide necessary documentation – in addition to determining if
you qualify for a common law marriage in the first place.

The Process
of Common Law Divorce

For the most part, common law divorce follows the rules and
regulations of standard divorce. The only major difference is the
court must establish your common law marriage existed in the first place. If
so, both parties will be required to complete a marriage settlement agreement
that resolves all major issues – including asset division, childcare, and

A frequent misconception is that common law marriage isn’t legal
and, therefore, doesn’t require a divorce. This isn’t true. In order to legally
remarry, spouses from a common law marriage must dissolve their marriage

Contact an
Experienced Colorado Family Law Attorney for Assistance

Roughly a dozen states recognize common law marriage, including
Colorado, Iowa, Kansas, Montana, Texas, South Carolina, Utah, Rhode Island,
Oklahoma, and Alabama. Additional qualifying factors include:

  • Being a heterosexual couple that lives together in a state that
    recognizes common law marriage.
  • Living together for a significant amount of time.
  • Legally changing your last name to a shared name.

If you have questions about common law marriage or divorce, you should speak to an experienced attorney as soon as possible. Contact a Colorado family law attorney at Kinnaird Law by calling (719)-520-0003.

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