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The Supreme Court of Colorado only requires evidence of marital conduct to make a determination on a common law marriage. As of 2021, couples may be deemed common law spouses if they share an intimate relationship where mutual care, support, and obligation are present.
The two elements necessary to prove a common law marriage exists are: (1) ?mutual consent or agreement of the parties? and (2) ?mutual and open assumption of a marital relationship.? You prove these elements by introducing evidence at a hearing such as witness testimony and documents.
Any cohabitation agreement signed by both you and your partner will hold up in a Colorado court. However, many couples overlook key issues and important details.
law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage and it can only be terminated by death or divorce. Commonlaw spouses may file jointly, if they filed jointly on their federal tax return.
While cohabitation is a relevant factor to determine whether there is a common law marriage, it's not required, and if there is cohabitation, no specific duration is required. Likewise, cohabitation without the couple actually intending to be married, is not sufficient to create a marriage.