Colorado is one of the few states that still recognizes common-law marriage. If you have one, ending it requires a full divorce. There's no such thing as a "common-law divorce."

Colorado recognizes common-law marriage, which catches many couples off guard at separation. Contrary to popular myth, simply living together for a number of years does not create one. Under the Colorado Supreme Court's modern test (Hogsett v. Neale, 2021), a common-law marriage exists when a couple mutually intended to enter a marriage and then behaved in ways consistent with that agreement, shown by factors like living together, holding themselves out as married, joint finances and tax filings, and reputation in the community. The focus is on the couple's intent, with conduct as the evidence.

A common-law marriage is a full legal marriage, so you can't end it by walking away. You must get a formal dissolution (or legal separation or annulment) through the court, with all the same property, maintenance, and parenting issues as a ceremonial marriage. If you tried to remarry without dissolving a common-law marriage, the new marriage could be void. If there's any dispute about whether a common-law marriage exists, the court may hold a hearing to decide the issue first. Get a lawyer's advice before assuming you were, or weren't, married.

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Colorado

Colorado, USA