Colorado marriage laws make it one of the easiest states in the country to get married: two adults can walk into any county clerk’s office, pay $30, and marry the same day with no waiting period and no blood test. Couples can even solemnize the marriage themselves, with no officiant and no witnesses required. Colorado is also one of the few states that still recognizes common law marriage, which means a couple can be legally married without ever applying for a license at all.
Who Can Marry in Colorado
Both people have to be at least 18.1Justia. Colorado Code 14-2-106 – License to Marry A 16- or 17-year-old can marry only with approval from a juvenile court, which appoints a guardian ad litem to investigate whether the marriage genuinely serves the minor’s best interests. The court looks at the teenager’s maturity, financial independence, and ability to manage their own affairs if the marriage later ends. Pregnancy alone does not meet the standard.2FindLaw. Colorado Code 14-2-108 – Marriage of Underage Party No one under 16 can marry in Colorado at all.
Some relationships are off-limits. A marriage is void if it’s between a parent and child or any other ancestor and descendant, between siblings of whole or half blood, or between an uncle and niece or aunt and nephew. First cousins are not on that list, and cousin marriage is legal in Colorado. You also cannot marry while a prior marriage or civil union is still in force, so a finalized divorce, annulment, or proof of a spouse’s death has to come first.3Justia. Colorado Code 14-2-110 – Prohibited Marriages
Getting the License
Apply at any County Clerk and Recorder’s office in the state. Both applicants should bring valid government-issued photo ID — a driver’s license, passport, state ID card, military ID, or green card all work.4Larimer County. Civil Union and Marriage Licenses You’ll be asked for your Social Security numbers; if you don’t have one, you sign a notarized affidavit saying so.5Mineral County CO. Marriage License If either of you was previously married, you’ll need the exact date, city, and state where that marriage ended.
The fee is $30 statewide.6Jefferson County, CO. Marriage Licenses and Civil Unions Payment methods differ by county: some take credit cards (sometimes with a surcharge), others accept only cash or checks, so check the county website or call ahead. Many counties let you complete a preliminary application online before you show up.
At least one party has to appear in person before the county clerk to sign the application and swear to its accuracy. If one of you cannot be there, the absent party can submit a notarized absentee affidavit along with a copy of their ID, which the other person brings to the appointment.7Denver Clerk and Recorder. Absentee Affidavit – Application for Marriage License The license is valid the moment it’s issued, which means you can legally marry the same day.
Who Can Perform the Ceremony
Colorado recognizes four categories of officiant:8Justia. Colorado Code 14-2-109 – Solemnization and Registration of Marriages – Proxy Marriage
- Judges and court magistrates, including retired judges.
- Public officials whose statutory powers include performing marriages.
- Clergy or officials recognized by a religious denomination or Indian nation or tribe.
- The couple themselves.
All four carry equal legal weight. The statute requires only that a religious officiant be recognized by a denomination; it doesn’t define how formal that recognition has to be, which is why online ordinations are commonly used in Colorado.
Self-Solemnization
This is one of the things that makes Colorado unusual. You don’t need an officiant and you don’t need witnesses. Both spouses simply sign the marriage certificate themselves. If a friend or family member leads the ceremony for sentimental reasons but isn’t a legal officiant, that’s still a self-solemnization: both spouses sign the certificate, not the friend.9Jefferson County, CO. Wedding and Civil Union Ceremonies
Deadlines That Matter
Two deadlines run from the license.
First, the license itself expires 35 days after issuance. If the ceremony doesn’t happen within that window, the license is void and you have to apply and pay again.5Mineral County CO. Marriage License
Second, the completed marriage certificate has to be returned to the County Clerk and Recorder within 63 days of the ceremony. If an officiant performed the marriage, they are responsible for returning it; for a self-solemnization, either spouse can do it. A late filing triggers a fee of at least $20, with an additional $5 per day up to $50 total.8Justia. Colorado Code 14-2-109 – Solemnization and Registration of Marriages – Proxy Marriage The marriage is still legally valid if the certificate is filed late, but failing to record it creates problems whenever you later need proof of marriage.
Common Law Marriage
In Colorado, you can be legally married without a license or a ceremony. For a common law marriage entered into on or after September 1, 2006, both parties must be at least 18 and the union cannot otherwise be prohibited under the same rules that apply to licensed marriages.10Justia. Colorado Code 14-2-109.5 – Common Law Marriage
There is no minimum period of cohabitation. Under the test refined by the Colorado Supreme Court in In re Marriage of Hogsett & Neale (2021), what matters is whether the couple mutually agreed to enter a marital relationship, meaning they intended to share a life as spouses in a committed relationship of mutual support and obligation. When there is no explicit agreement, courts look at how the couple actually lived: shared finances, joint tax returns, shared last names, referring to each other as spouses, and presenting themselves to the community as married. No single factor is decisive.11Justia. In re Marriage of Hogsett and Neale
Once a common law marriage is established, it carries the same legal weight as a ceremonial marriage. That has one consequence people often miss: the only way to end it is through a formal divorce, with property division, debt allocation, and the usual custody and support determinations. Moving out doesn’t dissolve it.
Proxy Marriage
Marriage by proxy is available in Colorado, but only in narrow circumstances. It’s limited to active-duty military members stationed in another state or country in support of military operations, and to government contractors (and their employees) working in support of the U.S. military abroad or in another state. Both parties must be at least 18, and one must be a Colorado resident.8Justia. Colorado Code 14-2-109 – Solemnization and Registration of Marriages – Proxy Marriage The present party applies for the license in person and pays the $30 fee; the absent party provides a notarized absentee affidavit and a copy of their ID; and a third person stands in as proxy at the ceremony, speaking the vows on the absent party’s behalf after the officiant is satisfied of genuine consent. The resulting certificate has the same legal standing as any other.
After the Wedding
Once the certificate is filed, the marriage is officially on record. You’ll likely want certified copies for name changes, benefits applications, and insurance paperwork. Order these from the County Clerk and Recorder where the certificate was filed, or from the Colorado Department of Public Health and Environment’s vital records office.12Colorado Department of Public Health and Environment. Order Certificate Now Ordering a few extra copies at the start saves you from making repeat requests later.
If you’re changing your name, start with the Social Security Administration, which usually processes the update within one business day.13El Paso County Clerk and Recorder. Name Change Then update your Colorado driver’s license or state ID at the DMV, which will verify the change through the SSA database before issuing a new card. After that, work through your banks, employer, and insurance companies.