MARRIGE LAWS OF COLORADO
The marriage laws in the state of Colorado is governed by Title 14 of the Colorado Revised Statute.
The following marriages are prohibited:
- A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties;
- 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.
Marriage license application
The executive director of the department of public health and environment shall prescribe the form for an application for a marriage license, which shall include the following information:
- Name, sex, address, social security number, date and place of birth of each party to the proposed marriage; and for such purpose proof of date of birth may be by a birth certificate, a driver's license, or other comparable evidence;
- If either party has previously been married, such party's married name and the date, place, and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse;
- Name and address of the parents or guardian of each party;
Whether the parties are related to each other and, if so, their relationship, or, if the parties are currently married to each other, a statement to that effect.
The legal age without parental consent is 18 years of age. Applicants who are 16 and 17 years of age must have parental consent from both parents. A parent who has sole custody of a minor will be required to sign a statement to this fact.
If one or both of the parents cannot appear at the time of applying for the license, an absentee application may be completed and notarized ahead of time. This is to be presented when the marriage license is issued. Applicants 15 years of age or younger, must obtain a court order granting judicial approval as well as complying with the above requirements. The court order must be obtained in the county where judicial approval has been granted.
Acceptable forms for proof of age are as follows: Drivers License, Passport, Visa, Birth Certificate, Military ID, or state issued ID Card.
Social Security Number
Must be given when applying for a license. If either party does not have a social security number, they must sign an affidavit when applying for the license.
LICENSE TO MARRY
When a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the county clerk and recorder and has paid the marriage license fee of Ten dollars, the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:
- 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, has the consent of both parents or guardian if over the age of sixteen years but has not attained the age of eighteen years,
Satisfactory proof that the marriage is not prohibited
Validity of Marriage License
The marriage licenses shall not be valid for more than thirty days after the date of issue. If any license to marry is not used within thirty days, it shall be void and shall be returned to the county clerk and recorder for cancellation.
SOLEMNIZATION AND REGISTRATION
A marriage may be solemnized by a judge of a court, by a court magistrate, by a retired judge of a court, by a public official whose powers include solemnization of marriages, by the parties to the marriage, or in accordance with any mode of solemnization recognized by any religious denomination or Indian nation or tribe.
Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the county clerk and recorder within sixty days after the solemnization.
If a party to a marriage is unable to be present at the solemnization, such party may authorize in writing a third person to act as such party's proxy.
If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy. If such person is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
Upon receipt of the marriage certificate, the county clerk and recorder shall register the marriage.
RIGHTS OF MARRIED WOMAN
- The property real and personal, which any woman in this state owns at the time of her marriage remains as her sole and separate property, do not subject to the disposal of her husband or liable for his debts.
- Any married woman carrying on any trade or business and perform any labor or services and the earnings therefrom may be used and invested by her in her own name.
- Any woman, while married, may sue and be sued, in all matters having relation to her property, person, or reputation, in the same manner as if she were sole.
- When any woman against whom liability exists marries and has or acquires lands, judgment on such liability may be rendered against her and her husband jointly, to be levied on such lands only.
- In all actions for a tort by a married woman, she shall have the same right to recover for loss of consortium of her husband as is afforded husbands in like actions.
- Any woman, while married, may contract debts in her own name and upon her own credit.
The right of domicile in the state of Colorado of a married woman is that of her husband shall no longer in effect in this state.