Get Your Free Colorado Marriage License Guide

Understanding Colorado Marriage License Requirements

A Colorado marriage license is a legal document that permits two people to marry within the state. Before a couple can have a wedding ceremony, they must obtain this license from their county clerk's office. The license serves as official proof that the marriage is legally valid and recognized by the state of Colorado.

Colorado has specific requirements that both parties must meet before a license can be issued. These requirements exist to ensure that marriages are entered into by people who are legally able to do so. Understanding what Colorado requires is the first step in the marriage license process.

According to Colorado law, both parties must be at least 18 years old to marry without parental consent. Colorado does allow 16 and 17-year-olds to marry with written consent from a parent or legal guardian, but this requires additional documentation. The state also requires that both parties be mentally capable of understanding the nature of marriage and able to consent to it.

Colorado does not have a residency requirement for obtaining a marriage license. This means that people from out of state can obtain a Colorado marriage license without having to live in the state first. However, they will need to visit a Colorado county clerk's office in person to complete the process.

One important detail is that Colorado does not recognize common-law marriages that began after January 1, 2006. This means that simply living together and presenting yourselves as married will not create a legal marriage in Colorado after that date, even if you have been together for many years.

Practical Takeaway: Before starting the marriage license process, verify that both parties meet the age requirement and are mentally capable of consenting to marriage. If either party is under 18, gather documentation that shows parental consent.

Documents You Will Need to Bring

When you visit your county clerk's office to obtain a marriage license, you will need to bring specific documents to prove your identity and other required information. Having these documents ready before your visit will help the process move more smoothly and reduce the chance of delays.

Both parties must bring a valid government-issued photo identification. Acceptable forms of identification include a driver's license, passport, military ID, or state ID card. The identification must be current and not expired. If you have recently moved or changed your name, you may need to bring additional documents to explain the change.

Colorado also requires proof of your Social Security number. You do not need to bring your Social Security card itself. Instead, you can bring a document that shows your Social Security number, such as a W-2 form, tax return, or Social Security statement. If you do not have a Social Security number, you can provide a statement saying that you are not eligible for one.

If either party has been previously married, you will need to bring documentation showing how that marriage ended. This could be a divorce decree, an annulment document, or a death certificate of the previous spouse. Colorado requires this documentation to ensure that previous marriages have been legally dissolved before a new marriage license is issued.

If you are using a name different from what appears on your birth certificate, you will need documentation showing the legal name change. This could include a marriage certificate from a previous marriage, a divorce decree showing a name change, or a court order for a legal name change. Some people use their middle name or a variation of their name, so having documentation that shows this is important.

The following list shows the typical documents needed:

• Valid government-issued photo ID for both parties
• Proof of Social Security number for both parties
• Documentation of how any previous marriages ended (divorce decree, annulment, or death certificate)
• Documentation of any legal name changes
• Payment for the license fee (typically between $30 and $65, depending on the county)

Practical Takeaway: Create a checklist of required documents and gather everything before your appointment. Call your county clerk's office to confirm the exact documents they require, as some counties may have slightly different rules.

The Marriage License Process in Colorado

The process of obtaining a marriage license in Colorado involves several steps, beginning with finding the correct county clerk's office and ending with receiving your license. Understanding each step will help you know what to expect during your visit.

First, you need to determine which county clerk's office you should visit. You can obtain a marriage license from any county in Colorado, regardless of where you live or where you plan to have your wedding. However, most couples choose to go to the county clerk's office in the county where they will be married, or the county where one of them lives. You can find your county clerk's office by searching online for "Colorado county clerk" along with your county name, or by visiting the Colorado Secretary of State website.

Once you have identified the county clerk's office, you have two main options for obtaining the license. Some counties allow couples to complete the marriage license process online through a preliminary form, which can speed up the in-person visit. Other counties require the couple to appear together in person to complete the entire process. It is important to contact your specific county clerk's office to learn which method they use and whether they offer online preliminary forms.

During your visit to the county clerk's office, both parties must appear together. The clerk will review your documents, verify your identification, and take down information about both parties. This information includes your full legal names, dates of birth, addresses, and other personal details. The clerk will also ask about any previous marriages and verify that any previous marriages have been legally dissolved.

After the clerk has gathered all necessary information and verified your documents, you will pay the license fee. In Colorado, the fee typically ranges from $30 to $65, depending on which county issues the license. Some counties may accept cash, checks, or credit cards, while others may accept only certain payment methods. It is a good idea to call ahead to confirm what payment methods your county accepts.

Once you have paid the fee and completed all required steps, the county clerk will issue your marriage license. In Colorado, the marriage license is valid immediately, which means you can be married as soon as you receive it. There is no waiting period in Colorado. The license remains valid for 35 days from the date of issue. If you do not use the license within 35 days, you will need to obtain a new one.

Practical Takeaway: Contact your county clerk's office at least two weeks before you plan to marry to understand their specific process, learn about online options, and schedule an appointment if required.

Who Can Perform a Marriage Ceremony in Colorado

After you have obtained your marriage license, you will need someone to perform your marriage ceremony. Colorado law is quite flexible about who can legally perform a marriage, which gives couples many options for their wedding.

In Colorado, only certain individuals are legally authorized to perform marriages and sign the marriage license. These authorized individuals include judges, justices of the peace, and magistrates. Additionally, clergy members of any religious faith—including priests, ministers, rabbis, imams, and others—can perform marriages. This means that if you have a religious preference, you can work with a member of your faith to perform your ceremony.

One interesting option in Colorado is that certain retired judges and retired justices of the peace can also perform marriages, provided they have the appropriate credentials. This gives couples additional flexibility in choosing who will perform their ceremony.

If you are not planning a religious ceremony and do not want to use a judge or magistrate, Colorado allows couples to have a civil ceremony performed by authorized individuals. Some counties have judges or magistrates who will perform simple civil ceremonies, often called "civil unions" or "civil ceremonies," which typically take just a few minutes.

It is important to note that once your ceremony is complete, the person who performed the marriage must sign your marriage license and return it to the county clerk's office. This signature from the person who performed the ceremony is what makes your marriage legally valid. Make sure that whoever performs your ceremony understands this requirement and knows that they must return the signed license to the county clerk within a specific timeframe, which is typically 10 days.

Colorado does not have any specific rules about where you can have your marriage ceremony. Couples can marry at a church, a courthouse, a park, a home, a rented venue, or any other location. As long as your marriage license is signed by an authorized person and returned to the county clerk, your marriage is legally valid regardless of location.

Practical Takeaway: When you choose someone to perform your ceremony