What Are the Marriage Laws in Colorado?

If you want to get married in Colorado, it’s important to know the marriage laws. I’ve put together a helpful guide to finding out the marriage laws in Colorado

So what are the marriage laws in Colorado? In order to get married in Colorado, you must be 18 years old. Persons who are younger must have parental consent and a court order. There are no residency rules, blood test, or waiting periods to get married in Colorado. Marriage licenses cost $30. Proxy and common law marriages are recognized.

For more information about how to legally get married in Colorado, I’ve provided more details below.

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At What Age Can You Get Married in Colorado?

Anyone who is 18 years or older are allowed to get married.

Persons who are 16 or 17 years old must have parental permission from both sets of parents. If one parent is divorced or not living, the parent with legal custody must provide consent.

Here is the official wording:

Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has the consent of both parents or guardian or, if the parents are not living together, the parent who has legal custody or decision-making responsibility concerning such matters or with whom the child is living or judicial approval, as provided in section 14-2-108; or, if under the age of sixteen years, has both the consent to the marriage of both parents or guardian or, if the parents are not living together, the parent who has legal custody or decision-making responsibility concerning such matters or with whom the child is living and judicial approval, as provided in section 14-2-108; source

What Documents Do You Need to Get Married in Colorado?

You must provide documentation proving your identity, such as one of the following:

U.S. state-issued driver’s license or permit
U.S. state-issued ID
U.S. military ID
Passport that is bilingual or multilingual and includes English or passport with a certified English language translation if non-English

The name on the license will appear exactly as it is on the pieces of identification provided.

You are also required to provide a Social Security number if you have one. If one of the parties does not have a Social Security number (they are from another country or they are in the process of obtaining U.S. citizenship), they are not required to have one to get married.

It’s important to know that birth certificates, baptismal certificates, and Foreign Consular IDs are not acceptable forms of identification for marriage or civil union licenses. However, a birth certificate may be used to confirm your date of birth when presented along with one of the valid forms of identification listed above.

Additionally, you will need to provide the following information:

The date that you are getting married.
Where you are marrying (marriage licenses are only valid in Colorado).
The exact date and location of your divorce or previous spouse’s death. Both parties must be able to provide this information. If you were previously in a civil union and are marrying someone else, you must provide the name of your partner in the civil union.
Know your relationship if related by blood.
The city and state where parents of both parties were born.

If you are under age 18, you’ll need to have parental consent from the parents of both parties.

How Much Does a Marriage License Cost in Colorado?

Unlike some states who charge for marriage licenses differently in each county, Colorado charges $30 for marriage licenses across the state.

Can You Get Married At the Courthouse in Colorado?

You can get married at some courthouses in Colorado however, there could be some counties that are no longer allowing marriage ceremonies in the courthouse. You’ll need to call your local county probate office to find out what is allowed in your county.

Thankfully, if you wish to have a courthouse wedding in Colorado, you can go to another county to be married. Colorado does not have any residency restrictions and therefore you can get married in any county you please.

Is There a Waiting Period to Get Married in Colorado?

You do not have to wait any period of time after recieving your marriage license to be married in Colorado.

However, the certificate must be signed in Colorado within 35 days from the date that the license was issued. Additionally, the completed marriage certificate (and attached license) must be returned to the clerk and recorder for recording within 63 days after solemnization. After that date, late fees will apply.

Who Can Marry You in Colorado?

According to Colorado marriage law e, the following persons are permitted to officiate weddings in the state of Colorado:

A judge of a court
a court magistrate
a retired judge of a court
by a public official whose powers include solemnization of marriages
by the parties to the marriage
in accordance with any mode of solemnization recognized by any religious denomination or Indian nation or tribe.

Colorado is one of the few states in the country where you can solemize and officiate your own wedding. You do not have to have someone else officiate the ceremony.

Can You Legally Marry your Cousin in Colorado?

The laws across the United States differ greatly regarding whether cousins can marry or not.

In Colorado, it is permitted to marry your first cousin, second cousin, first-cousin-once-removed, half-cousin, and adopted cousin.

According to Colorado law, these marriages are prohibited:

A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.

Additionally, same-sex marriage is legal in Colorado.

How Long Do You Have to Be Together for Common Law Marriage in Colorado?

Common-law marriage describes a marriage that has not complied with the requirements most states have enacted as necessary for a ceremonial marriage. The history behind the establishment of common law marriages came from the common law of England. In 1877, the United States Supreme Court stated, in an action that questioned the validity of a non-ceremonial marriage, that marriages that were valid under common law were still valid unless the state passed a statute specifically forbidding them – Meisher v. Moore, 96 U.S. 76 (1877).

Since the Colorado legislature has never enacted such a statute, Colorado is part of the minority of states that recognize the validity of common-law marriages.

A common-law marriage in Colorado is valid for all purposes and seen the same as a ceremonial marriage. The only thing that can terminate a common law marriage in Colorado is death or divorce.

The common-law elements of a valid marriage are that the couples,

are free to contract a valid ceremonial marriage (for example, they are not already married to someone else)
they hold themselves as husband and wife
they both consent to the marriage
they live together
they have a reputation in the community as being married

The single most important element under the common law was the mutual consent of a couple presently to be husband and wife. All the rest were considered evidence of this consent or exchange of promises. No time requirement exists other than the time necessary to establish these circumstances. When proof of common law marriage is required, such as by an insurance company, a signed affidavit can be presented.

Disclosure: It is almost impossible for me to keep up with changing state and county marriage license requirements. The information provided in this article should be used for guidance only and not as legal advice. Please contact your local probate office for more information.