Common Law Marriage & Divorce

Under Colorado law, it is possible to be married without ever having a ceremony or obtaining a formal license. Colorado law recognizes common law marriage, and our courts preside over divorces when these relationships break up. Property division, custody, child support and maintenance are commonly disputed issues when this happens.

At The Law Firm of Kenton Kinnaird & Associates, P.C., our experience and in-depth knowledge of Colorado family law are key assets for people facing issues involving common law marriage and divorce. Please contact us for a free initial consultation at 719-520-0003 on your specific situation.

It is important to recognize that how long your relationship lasted is not a determining factor in whether a judge or court will recognize your common law marriage. Like any other marriage, such a union could last one month or 30 years.

Having lived together is a requirement, but it does not matter how long you did so. Some of the factors a Colorado court will consider are:

• Did you hold yourself out to the public and to witnesses, such as friends and neighbors, as married?
• Did you file joint tax returns or share a health insurance policy naming your partner as your spouse?
• Did you sign an Affidavit of Common Law Marriage or similar document, typically when applying for benefits enjoyed by married couples?

If a valid common law marriage breaks up, the divorce action can involve all the issues associated with a traditional marriage, including:

• Child custody and visitation
• Child support and alimony
• Property division

Common law marriage and it's dissolution is a complex area of the law. No one statute explains all the requirements or implications of common law marriage. Whether you wish to confirm or disclaim that you were married, our attorneys can help sort out the details and build your case.

Lawyer Kenton D. Kinnaird has substantial experience representing individuals in divorce proceedings after a common law marriage and in gathering and presenting evidence that no legally valid marriage existed. To arrange a free consultation on your case, please contact our offices today.

Our experienced attorneys also handle bankruptcy, personal injury, Social Security disability cases and criminal defense for DUI and other charges. Please visit our general practice Web site for more information.