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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17029
Experience:  Licensed Texas General Practice Attorney
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How do have to be together to be considered common law

Customer Question

How long do have to be together to be considered common law marriage in Colorado and what proof do you need
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 month ago.

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In Colorado, the elements of a common-law marriage are, with respect to both spouses: (1) holding themselves out as husband and wife; (2) consenting to the marriage; (3) cohabitation; and (4) having the reputation in the community as being married. Different sources disagree regarding the requirement of cohabitation and some indicate that consummation(i.e. post-marital sexual intercourse) is also an element of common law marriage. Colorado, by statute, no longer recognizes common law marriages entered by minors in Colorado, and also does not recognize foreign common law marriages entered into by minors, even if that marriage would have been valid where entered into under local law. See Section 14-2-109.5, Colorado Revised Statutes.

There is NO time requirement here. So you could, theoretically, be common law married for a single day. The only proof that you need is to establish those four elements. So holding out and having reputation can be testified to by friends, family, etc... Cohabitation means living together. And consenting to the marriage generally is based upon testimony by one of or both of the spouses. Again, there's no specific time limit, and even a day could result in a common law marriage.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Expert:  ScottyMacEsq replied 1 month ago.

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