Helping Individuals With Common Law Marriage Issues in Denver
At ELKUS & SISSON, P.C., our team of seasoned professionals brings a wealth of experience to navigating complex legal challenges with precision and dedication.
When it comes to the idea of common law marriage, Colorado is in an exclusive group. Over the years, fewer and fewer states have recognized common-law marriage. Colorado now stands with a handful of other states that give couples the benefits and recognition of marriage without the formal legal ceremony. While this does make certain aspects of life easier, it can also present challenges in others. For example, if one party considers themselves common law married and the other doesn’t, that completely changes the process of a breakup.
Whichever issues you’re grappling with, it’s time to talk to our team of divorce attorneys. Our family law team, is ready to learn more and jump in.
Greenwood Village Common Law Marriage Attorneys Serving Denver
Elkus & Sisson, P.C. are common law marriage attorneys in Greenwood Village located just a short drive from downtown Denver. Our address is 7100 E Belleview Avenue, Suite 101 Greenwood Village, CO 80111 (open in Google Maps). Call us today at (303) 567-7981 or fill out a contact form and we will call you to schedule an appointment to discuss your family law needs.
What is Common Law Marriage?
Common law marriage isn’t a different type of relationship than a conventional marriage entered into via legal agreement. Rather, it’s a different way of getting married—once a couple is considered to be common law married, they get the same benefits and obligations as a couple that has gone down to the courthouse and signed all of the paperwork. The only way to end a common law marriage is by filing a dissolution of marriage.
There are many factors that can go into whether a couple is common law married. It is not just one thing but a totality of the circumstances. Some examples that could lead a court to declare a couple to be common law married are if they have lived together and held themselves out to third parties as married combined their finances, filed joint tax returns, shared insurance, view themselves as married, and act as any other married couple would act.
Colorado Common Law Marriage Requirements
The Colorado Department of Revenue Taxation Division lays out specific requirements for common law marriage. These requirements include:
- Both are legally able to enter a marriage with each other, which excludes those who are already married, who are too young to marry, or whose familial relation to each other would prevent them from marrying
- Present themselves to the public as married
- Live together
- View themselves as married
- Both agree to live as a married couple
You may notice that some of these are quite vague—what does it mean to present yourself as married? How do you hold yourself out as a spouse? Does this mean that every cohabiting couple is common law married? Cohabitation by itself does not create a marriage, and there are numerous ways a couple may appear married in public. That’s one of the reasons that common-law marriage is so complicated. A court has to decide whether or not a common law marriage exists; there are few hard-and-fast rules.
Factors Used to Determine a Couple’s Marriage Status
When assessing whether or not a couple is married under Colorado’s definition of common law marriage, the court will look at a wide range of factors. These relate to whether or not a couple has agreed to be married if they hold themselves out as married in society, and how much they have interwoven their lives. Factors include:
- Joint bank accounts and credit cards
- Filing together for health insurance, life insurance, and other benefits
- Filing taxes as married
- The woman using the man’s last name
- Using each other as emergency contacts
- Joint estate planning
- Shared financial responsibility
- Signs of commitment, such as celebrating anniversaries or holding informal ceremonies
Whether an individual wants to prove that they were or were not married, these are just a few of the factors they’ll need to keep in mind. Note that testimony from outside people can be useful, but it isn’t the deciding factor. For example, if two individuals present themselves as married in public but use their separate last names, do not have an intimate relationship, and do not have intermingled finances, the court may give more weight to how the couple viewed themselves than to how the public viewed them.
It’s also important to note that some of the considerations listed above have become less important over the years as traditions have changed. Some of these factors, for example, assume a heterosexual couple and adherence to traditions like one partner taking the other’s name.
Legal Effects of Common Law Marriage
When a couple lives as a married couple and meets the requirements for a common law marriage, the law views them the same as any other married couple. This can come into play when one partner passes away, leaving the other to prove that they were married so they can inherit their share of the estate and make final decisions for their spouse’s burial. It is also important when a couple splits up; just like a marriage that started with legal paperwork and documentation, a common law marriage must be ended via divorce.
Common law married couples have to go through the same process for divorce. This can be challenging if one party believes they were married and the other does not. The Court will usually first have a hearing on the issue of common law marriage since that will affect whether other issues such as maintenance, assets and debts will be part of jurisdiction of the Court. If the Court first determines that the parties are not married but they own assets together such as real estate, the parties will then have to seek other civil remedies if they cannot agree to how the property should be divided.
If the parties share children, the Court can still rule on the allocation of parental responsibilities even after declaring the parties have no valid marriage. If the parties are declared to be married, then the decision of the court will determine how assets are divided, whether one party will get spousal suppport, and if the partners are responsible for each other’s debt.
Why Elkus & Sisson, P.C.?
Choosing Elkus & Sisson, P.C. for your family law needs in Denver can give you peace of mind and confidence in whatever may come next. With over 30 years of experience in family law, our team can navigate even the most complicated cases with empathy and understanding.
We focus on client communication to understand your needs, explain your options, and help you choose the right path forward. Whether you want to prove that you and your partner are or were married for the sake of streamlining probate or divorce, or you need to prove that you were not married and did not act as a married couple, but your ex is claiming that you were—either way, we’re here to fight for your best interests every step of the way.
Reach Out Today to Discuss Your Legal Options
A common law marriage consultation is your next step. Bring any documentation you have, your concerns, and your questions—we’ll take it from there. Schedule your consultation now by contacting us online or calling our Denver-area office in Greenwood Village at (303) 567-7981.
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Common Types of Family Law
Divorce
Divorce
In Colorado, the laws surrounding divorce can be difficult to navigate. You do have the option to work out an uncontested divorce between you and your spouse. If this is not possible then it is important to find an experienced divorce lawyer. Even if you and your spouse are currently cooperating while navigating divorce, discussing your options with an attorney can be helpful. Divorce attorneys provide several services that will help you move on with your life. Things you will need to address when getting divorced include the division of property and assets, determination of allocation of parental rights (“child custody”) (if applicable), and spousal maintenance payments. Our family attorneys will also be able to provide you with the needed legal advice during the divorce. There are several things that you should and should not do to help you strengthen your case—that’s one reason we recommend talking to an attorney as soon as the divorce is being considered. In the gap between deciding on divorce and hiring an attorney, this “learning phase” will allow you to avoid making critical mistakes that take additional time, work, and money to fix. Protect yourself from the very beginning with our team’s representation.
Find out more information about the services our divorce attorneys provide.
Spousal Support
Spousal Support
Some divorce settlements require one spouse to pay spousal support to the other. Once referred to as alimony, this is now called spousal maintenance/support. Spousal support seeks to give a lower-earning spouse financial stability if there is a major earning disparity and if usually is considered if the marriage is at least 3 years.For example, divorce cases involving a high-earning spouse and a stay-at-home parent are likely to involve spousal support. The length of your marriage is also a contributing factor; someone married for a very short period will likely not pay or be paid alimony upon the end of the marriage but it is always in the court’s discretion However, an individual who was married for 20 or more years before divorcing could find themselves paying or receiving lengthy or permanent spousal support, which only terminates upon the death of the receiving party or remarriage of the receiving party.
Learn more about spousal support and how our firm can help you.
Child Custody
Child Custody
Allocation of parental Responsibilities (“Child custody”) is a subject that divorcing couples will need to confront. It can be emotionally draining and very complex. There are several factors that will help the court decide on the custody and visitation rights of parents and/or grandparents. Our family attorneys are experienced in the areas of:
- Visitation and parenting time
- Father’s rights
- Grandparents’ rights
- Parenting Time modification
If you are going through a divorce you may need to learn more about our services relating to child custody battles.
Child Support
Child Support
Doing what is in the best interest of the children should be at the heart of every child custody case. The Courts utilize a child support worksheet which demonstrates each party’s financial responsibility for the children (child) based on income, overnights and other factors. Our family attorneys will help calculate the needs based on financial records and statements to make sure your children are taken care of. Extensive medical care needs, extracurricular activities, childcare expenses, and other factors can increase or decrease child support. In most cases, the party who has the child the majority of the time receives child support paid by the parent with parenting time.
Explore our child support services to find out how we can help you.
Property Settlement
Property Settlement
To get the best results of property settlement cases during a divorce you need to have a skillful attorney with extensive experience. Property division can be very complex and exhausting when you start to include multiple properties, stocks, bonds, vehicles, etc… Assets that are considered “marital” and “non-marital” can also be complicated. Property that was acquired during the marriage will most likely need to be considered “marital” and things that were accumulated outside the marriage are most likely “non-marital”. It’s especially important to work with an experienced attorney if you and your spouse have a large and varied portfolio of assets. A fair division of assets depends on the accurate identification and valuation of each asset. Other situations also call for an attorney with extensive experience, including situations where you suspect that your spouse is attempting to hide assets or divorces involving hard-to-trace assets like cryptocurrency and NFTs.
Find out more about the services our property settlement attorneys provide.
Fathers' Rights
Fathers' Rights
Custody laws vary from state to state. This can have a significant effect on custody battles for fathers. According to Colorado law parenting time is based on what is in the best interests of the minor children. The Courts want the parties to be involved and to have joint decision making, when it’s appropriate and in the children’s best interests. Many fathers go into divorce or custody battles assuming that the odds are already against them and that the court will automatically side with the mother which is not the case and not the law. The court recognizes the importance of both parents in a child’s life. Whether you’re establishing your rights as a divorcing father or during a “custody” battle, know your rights and don’t give up before you’ve even started.
If you are a father involved in a custody battle then have a look at our guide that includes eight tips for fathers going through a child custody case.
Grandparents' Rights
Grandparents’ Rights
Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional. You do have to meet certain criteria to qualify for grandparents’ rights in Colorado. You may be able to seek visitation with your grandchildren if their parent passes away and the other parent is keeping them from you, a non-parent currently has custody, or the child’s parents have divorced and your time with the child has been revoked.
If you need to know what your rights are as a grandparent relating to visitation of your grandkids then read our information on grandparents’ legal rights.
Adoptions
Adoptions
Adoption is a beautiful way to give a child a home and grow your family. No matter which type of adoption you are pursuing, it is crucial to work with an attorney who can navigate this complex area of family law. There are several types of adoptions recognized in Colorado. A foster adoption may occur after a biological parent’s rights are legally terminated and the foster parent chooses to adopt the child in their care. International adoption generally requires assistance from attorneys in both countries. Families pursuing private domestic adoption need a lawyer to protect their best interests as they seek to finalize their adoption. When a child is adopted by their grandparents, aunts or uncles, siblings, or extended family members, it’s referred to as kinship adoption. Stepparent adoption allows a stepparent who has taken on an important parental role to adopt their stepchild if the child’s biological parent has given up their rights or had their rights terminated. Adoption is complex, and there are many ways that the smoothest adoption can fall apart. Find out how our firm can help you with your adoption case.
Learn More About Adoptions
Marital Agreements
Marital Agreements
When you get married, divorce is an impossible thought. But for nearly half of all marriages, divorce is the eventual outcome. Marital agreements, more commonly known as prenuptial and postnuptial agreements, are contracts that can protect both parties in the event of a divorce. It’s important to work closely with an attorney in the drafting or review of these documents. You want to ensure that your best interests are protected, but you also want a legally enforceable contract. One-sided or vague marital agreements can get thrown out.
Learn more about your marital agreement options.
Family Law Violations
Family Law Violations
Having an agreement isn’t always enough. If you have a combative or uncooperative ex-spouse or co-parent, you could have years of family law violations to deal with. Refusing to pay for their share of medical bills, not paying spousal or child support, withholding your child at exchange time, and otherwise going against the clear terms of your agreement are issues that must be addressed. Let us help you find solutions to your ex’s family law violations.
Common Law Marriage
Common Law Marriage
Most states don’t recognize common law marriage, but Colorado does. It’s a complex analysis that does not rely on just one factor but a totality of factors and is in the discretion of a court to decide whether a common law marriage exists. Some factors include: whether a couple lived and held themselves out as a married couple, engaged socially with others as a married couple, received benefits for the other, and purchased property together, paid joint taxes, as well as many other factors. However, common law marriages present unique legal challenges, particularly when a couple splits up or has disputes about the status of their relationship. Our firm is here to help you with your concerns about your common-law marriage.
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