I understand that cohabitation is a requirement. However, just because I moved, does that mean that we are no longer married? I have been informed that there is no common law divorce in the state of Colorado. His probation records will show that his living address is the same as mine, so will employment records... Also, I found this at
http://www.colorado-family-law.com/colorado-common-law-marriage.htm:
Factors for Determining Colorado Common Law Marriage
Though living together (cohabitation) is required, no specific duration is necessary. This means that a couple which is clearly girlfriend/boyfriend could live together for 20 years without creating a common law marriage in Colorado. However, a relationship where the couple hold themselves out as married and intend actually to be married could be considered a marriage in a relatively short time. Here is a non-exclusive list of factors Colorado divorce courts look at when determining whether a common law marriage exists:
1. Whether the couple refer to themselves as married to third parties,
2. Filing joint federal or state tax returns,
3. Listing the other party as a spouse on insurance forms or retirement plans,
4. Joint finances, such as bank accounts, or owning property, and
5. The woman taking the man's surname.
No one factor is paramount, but typically claiming the other party as a "spouse" simply to gain a private economic advantage (health insurance, joint gym membership, etc), while potentially fraudulent, is not usually sufficient to establish a common law marriage in Colorado. A Colorado common law marriage is not simply living together or a casual relationship - it means the couple tells everyone they are married. Filing joint tax returns is widely regarded as the most important of these factors, since it means the couple is holding themselves out to the government, under penalty of perjury, as being married.
Spouses in a Colorado common law marriage enjoy all of the benefits of being married, in Colorado, other states, or in the eyes of the federal government, including the military. However, to prevent fraud, some institutions require proof of the common law marriage, either by showing joint tax returns, or filling out an affidavit swearing that a couple is married. Here is a sample Affidavit of Common Law Marriage.