Legal Question in Family Law in Colorado

Didn't know common law marriage had to have legal divorce! My boyfriend and his ex-girlfriend have been apart for more than 10 years and she has since married another man. He refers to her as his 'ex-wife' but I don't believe she thinks they were ever married. They did live together, were engaged, but never went thru with a ceremony, have a child together and I believe they bought a house together. Don't think they filed taxes together or referred to each other as husband and wife while they were together. I don't think she has ever referred to him as her husband or ex-husband. He was her 'boyfriend' and now ex-boyfriend as far as I know. My question: do they need to get a legal divorce in order for us to get married? She married someone else about 6 mos ago. How did she get married without a divorce? Just the fact that it was never mentioned?


Asked on 6/22/16, 10:08 am

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

Common law marriage is not a different kind of marriage, just a different way to getting married. It requires cohabitation and an agreement to be married. If your boyfriend and his ex never agreed to be married to each other, then there is no marriage and no need for a divorce. If they did have such an agreement, then any marriage entered into before a divorce is final would be invalid.

Read more
Answered on 6/22/16, 10:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Colorado