Related Information
Question: What qualifies as common-law marriage, so you can file a Colorado income tax return as married?
A common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. It can be terminated only by death or divorce. The common-law elements of a valid marriage are that the couple

(1) is free to contract a valid ceremonial marriage, i.e., they are not already married to someone else;
(2) holds themselves out as husband and wife;
(3) consents to the marriage;
(4) cohabits; and
(5) has the reputation in the community as being married.

The single most important element under common-law is the mutual consent of the couple presently to be husband and wife.

Important: You must use the same filing status on your Colorado income tax form/filling that you use on your federal income tax form/filing.

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