In Colorado, you have to be 18 to get married on your own. A 16- or 17-year-old can marry only with approval from a juvenile court judge, and no one under 16 can marry under any circumstances. Parental consent by itself is not a pathway — a 2019 reform law replaced parental consent with mandatory judicial oversight.
The Three Age Tiers
Colorado’s marriage age rules break into three groups based on how old you’ll be when the license takes effect.
- 18 and older. You can apply for a marriage license without special approval. You’ll need valid ID and the last four digits of your Social Security number, and both parties have to complete the application.
- 16 or 17. You need a juvenile court order directing the county clerk to issue the license. A judge must find that the marriage is in your best interests after reviewing an independent investigation.
- Under 16. Marriage is prohibited. No court has authority to approve it, and parental support does not change that.
The requirement for 16- and 17-year-olds is judicial approval, not parental consent. The statute requires the court to make a reasonable effort to notify parents or legal guardians, but parents cannot authorize the marriage on their own, and their objection does not automatically block it either. The judge decides independently.1Justia. Colorado Code 14-2-106 – License to Marry
How a 16- or 17-Year-Old Gets Court Approval
The petition is filed in juvenile court. After the court makes a reasonable effort to notify the minor’s parents or legal guardians, the judge appoints a guardian ad litem, an independent advocate whose sole job is to investigate whether the marriage is actually good for the minor. The guardian ad litem interviews the minor, looks into the circumstances, and files a written report with the court.2Colorado General Assembly. Colorado Code 14-2-108 – Judicial Approval
That report must address five factors, and the judge has to weigh all of them:
- The minor’s own wishes.
- The opinions of parents or legal guardians, if known.
- Whether the minor can realistically handle the responsibilities of being married.
- The reasons for the marriage and the context of the relationship.
- Whether the minor can manage their own financial, personal, social, and educational affairs without depending on the intended spouse, both during the marriage and if it ends in divorce.
The independence factor tends to draw the most scrutiny. A 17-year-old who would be completely financially dependent on a much older spouse raises different concerns than one with job skills and a support network. The statute also states explicitly that pregnancy alone does not establish that the marriage would serve the minor’s best interests.2Colorado General Assembly. Colorado Code 14-2-108 – Judicial Approval
The Colorado Judicial Branch publishes an instruction packet with the required forms, including the petition itself and guidance on what the court expects.3Colorado Judicial Branch. Instructions for Petition for Underage Marriage
Common Law Marriage Is Not a Workaround
Colorado still recognizes common law marriage, but not for anyone under 18. Since September 1, 2006, both parties have to be at least 18 for a common law marriage to be legally valid in the state. A common law marriage involving anyone younger is not recognized, even if both people genuinely consider themselves married.4Justia. Colorado Code 14-2-109.5 – Common Law Marriage
What Changes Legally Once a Minor Marries
Marriage fundamentally changes a minor’s legal status in Colorado. Under HB 19-1316, a married minor gains rights normally reserved for adults:5Colorado General Assembly. HB19-1316 – Modernizing Marriage Laws for Minors
- The right to establish a separate home apart from your parents.
- The ability to enter into enforceable contracts, including leases.
- The ability to consent to your own medical care without parental involvement.
- The ability to file motions and petitions in your own name.
In practical terms, marriage functions as emancipation. You’re treated as a legal adult for most purposes, though you still cannot drink alcohol until 21 or vote until 18.
Undoing an Underage Marriage
Colorado doesn’t use the term “annulment.” The legal process is called a “declaration of invalidity,” and it treats the marriage as though it never legally existed. An underage marriage can be declared invalid if the minor did not have the required judicial approval at the time of the marriage.6Justia. Colorado Code 14-10-111 – Declaration of Invalidity
Three people have standing to file: the underage party, a parent, or a legal guardian. The deadline is 24 months from the date of the marriage. Miss that window and this remedy is no longer available, though a standard dissolution (divorce) would still be an option. If the court grants the declaration, obligations that arose from the marriage, such as spousal maintenance, are generally terminated.6Justia. Colorado Code 14-10-111 – Declaration of Invalidity
A Pending Bill Could Close the Exception
Senate Bill 26-048, introduced in the 2026 legislative session, would eliminate the judicial approval pathway and set 18 as the minimum marriage age with no exceptions. If enacted, no one under 18 could obtain a marriage license in Colorado for any reason.7Colorado General Assembly. SB26-048 – Remove Exception to Marry with Judicial Approval
As of early 2026, the bill had been introduced but its final outcome had not been determined. Anyone considering an underage marriage petition should check the bill’s current status on the Colorado General Assembly website, because if SB26-048 passes, the judicial approval process above would no longer be available.