Entering into Marriage

Entering into Marriage

By Carl O. Graham

wedding, ceremonial marriage

Colorado has two primary ways to enter into a marriage - follow the ceremonial procedure outlined by the Colorado Revised Statutes, or enter into a common law marriage. They are not different types of marriage - either way, the spouses are married - just different ways to enter into a marriage.

Ceremonial Marriage

A ceremonial marriage is what most people think of when getting married - a couple has a ceremony with family and friends, they exchange rings, say their vows, and the officiant (usually a minister) will pronounce the couple as married.

Colorado has adopted the Uniform Marriage Act at C.R.S. 14-2-101, et seq, which means the procedures will seem familiar to those who have been married in other states:

  1. Marriage License. The parties must both fill out a license application (available online in El Paso County)  and appear in person at their county clerk and recorder’s office with ID and $30 for the license. If one party cannot appear, he/she must execute a Form M3 Absentee Affidavit - Application for Marriage License, and provide it to the other party to bring in with a copy of the absent party’s ID.
  2. Solemnize the Marriage. The license expires within within 30 days, pursuant to C.R.S. 14-2-107, so make sure it's solemnized in time. Though parties typically have a judge or minister perform the ceremony, Colorado allows the marriage to be solemnized by a judge, magistrate, minister, or even one of the parties to the marriage. C.R.S. 14-2-109. A friend or family member will need to be authorized, however. In other words, the couple may marry themselves without the need for a ceremony, officiant, or witnesses.
  3. Register the Marriage. The person who solemnized the marriage must complete the marriage certificate form, which must be forwarded to the county clerk & recorder within 63 days of the ceremony. (A late filing does not void the marriage, but results in late fees).

Marriage By Proxy in Colorado

When one party to a marriage is not available to attend the ceremony, Colorado may allow the marriage to be by proxy, which means that a third party stands in for the unavailable party.

Pursuant to C.R.S. 14-2-109(2)(a), the following criteria must be met in order to apply for a marriage license for a proxy marriage:

  1. At least one party is a resident of Colorado.
  2. One party appears in person and pays the fee.
  3. The party present signs the application and the absent party has signed an affidavit and provided appropriate ID.
  4. Both parties are at least 18 years-old.

Once the license has been issued, an absent party may authorize someone in writing to act as her proxy to solemnize the marriage if the absent person is a member of the U.S. armed forces, or a government contractor supporting the military stationed or deployed in a foreign country, or another state in support of a combat or military operation. to C.R.S. 14-2-109(2)(b) 

​If one spouse is a non-citizen, see 9 FAM 502.2-1(D)  Proxy Marriages - in short, as long as the proxy marriage was legal in the citizen’s state of residence, and has been consummated, it is treated like any other marriage.

Finally, the military recognizes proxy marriages as valid, as long as they are lawful under the law of the state where the marriage was entered into. DOD Financial Management Regulation, Volume 7A, Section 260403.B.

Requirements for Marriage

Age Restrictions. Per C.R.S. 14-2-106, each spouse must be either (1) 18, (2) 16 with parental consent, or (3) under 16 with parental consent and permission from a judge after a finding that marriage serves the best interests of the under-aged party (note that pregnancy alone does not establish that it's in the party's best interests to marry.

Unmarried. If either party is still married at the time of the marriage, it would be bigamy.

Not Related. It’s okay to marry your cousin, but not ancestors, descendants, siblings, aunts or uncles. C.R.S. 14-2-110

Improper or Prohibited Marriage

It is a misdemeanor in Colorado to attempt knowingly to violate the procedures and requirements for a marriage. C.R.S. 14-2-113.

If the marriage were bigamous, it would be a Class 6 felony for the person who is still married, C.R.S. 18-6-201 and a misdemeanor for the other party. C.R.S. 18-6-202.

A marriage which is prohibited is void, and subject to annulment pursuant to C.R.S. 14-10-111.

Do You Need a Divorce Lawyer in Colorado Springs?

The family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, from annulment to military divorce issues. In short, we understand marriage and divorce. For more information about our El Paso County family law firm, click on:

Colorado family law is all we do. Period.

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Marriage