Not every state recognizes common-law marriage. Colorado does recognize it, but only after a number of factors are met. In order to be common-law married a couple must have filed joint tax returns, held joint bank accounts, owned joint property, had children together, referred to one another as “my spouse”, or generally been considered by the public to be husband-and-wife. Not all of these conditions have to be met, but the court looks at them all. If you file for divorce and the other side says that you were never married you will have to have a hearing on whether or not you’re married. If the court decides you’re not married you can still have a custody action if you have children. If you do not have children you might have to look for a remedy under property law. This can be messy and hard to prove. Let the Kolberg Law Firm help you.