Is my marriage to my aunt prohibited in Colorado?

Full question:

I am married and live in Colorado. After 6 years of marriage, I came to know that she is my aunt. We have a four year old son. Is our marriage a prohibited one? Is there any issue regarding the legitimacy of our child?

Category: Paternity
Date: 04/07/2025
State: Colorado

Answer:

In Colorado, the law regarding prohibited marriages is outlined in C.R.S. 14-2-110. It states that certain marriages, including those between an aunt and a nephew or an uncle and a niece, are prohibited (C.R.S. 14-2-110 (1)(c)).

However, children born from prohibited marriages are considered legitimate under Colorado law (C.R.S. 14-2-110 (2)). Therefore, while your marriage is classified as prohibited, your child is still legitimate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long do you have to be together for common law marriage in Colorado?

In Colorado, there is no specific time requirement for how long a couple must be together to establish a common law marriage. Instead, the couple must demonstrate mutual consent to be married and live together as a married couple. Factors such as joint finances, shared property, and public acknowledgment of the relationship can help establish a common law marriage. It's important to note that common law marriage is recognized only if both parties intend to be married.

How many years is considered common law marriage in Colorado?

There is no set number of years required to establish a common law marriage in Colorado. The key factors are mutual consent and cohabitation as a married couple. Courts will look at the couple's intentions and actions rather than a specific duration of time spent together. Therefore, even a shorter duration can potentially lead to a recognized common law marriage if the necessary conditions are met.

What proves common law marriage in Colorado?

To prove a common law marriage in Colorado, couples must show evidence of mutual consent to be married and cohabitation. This can include shared financial accounts, joint ownership of property, tax filings as a married couple, and public acknowledgment of the relationship as a marriage. Each case is assessed based on the totality of circumstances, so documentation and testimony about the relationship's nature are important.