Marriage Laws in Colorado (2026): Your Complete Getting-Married Guide

Most people think getting married in Colorado is complicated. It’s actually one of the easiest states to tie the knot. But there are rules you need to know, and some of them might surprise you.

Whether you’re planning a big wedding or just want to make it official, Colorado gives you options. You can have a ceremony with a judge or minister. You can marry yourself. Yep, you read that right. Or you could even be considered married without ever getting a license at all.

Let’s break down exactly what you need to know.

What Makes a Marriage Legal in Colorado?

Colorado recognizes two types of marriage. Both are equally valid under the law.

The first is a ceremonial marriage. This is what most people picture. You get a license from the county clerk. You have some kind of ceremony within 35 days. Someone signs the paperwork. Done.

The second is common law marriage. This one confuses a lot of people. We’ll dive deeper into that in a minute.

Right?

Basic Requirements to Get Married

You need to meet some basic requirements before you can legally marry in Colorado. These apply whether you’re having a traditional ceremony or doing something different.

Age Requirements

You must be at least 18 years old to get married without restrictions. No exceptions to this rule.

If you’re 16 or 17, you need approval from a juvenile court. The court will look at your situation carefully. They’ll consider whether marriage is actually in your best interest. A guardian ad litem gets appointed to review your case. The court must issue a specific order allowing you to marry.

Under 16? Sorry, you cannot get married in Colorado. There are no exceptions to this law. This changed in 2019 with House Bill 19-1316.

You Must Be Single

This one seems obvious. But it’s worth mentioning. You cannot be married to someone else when you apply for a marriage license.

If you’ve been married before, your divorce must be final. The county clerk will ask for details about your previous marriage. They’ll want to know when it ended, where it ended, and what type of court handled it.

If you’re widowed, you’ll need to provide the date and place your spouse died.

Relationship Restrictions

Colorado prohibits marriages between certain relatives. You cannot marry your parent, grandparent, child, grandchild, or sibling. This applies whether you share one parent or both parents.

You also cannot marry your aunt, uncle, niece, or nephew. However, there’s an exception for marriages recognized by aboriginal cultures.

But here’s something that surprises people. You can marry your first cousin in Colorado. Totally legal.

How to Get a Marriage License

Okay, this part is important. Getting your marriage license is actually pretty simple if you know the steps.

Step 1: Complete the Application

Both people must complete an online marriage application before visiting the county clerk’s office. You can do this at home. It takes about 15 minutes.

You’ll need to provide basic information. Your full name, date of birth, place of birth, parents’ names, and the last four digits of your social security number.

Don’t have a social security number? No problem. You’ll just need to sign an affidavit saying you don’t have one.

Step 2: Visit the County Clerk

Both people must appear in person at a Colorado county clerk’s office. You don’t have to live in Colorado. You don’t need to get the license in the county where you’re getting married.

But here’s the catch. Your license is only valid for use in Colorado. You can’t get married in another state with a Colorado license.

Most clerk’s offices require appointments now. Check the website for your chosen county before showing up.

What to Bring

You’ll need valid identification. Acceptable forms include a current driver’s license, state ID, passport, military ID, or birth certificate.

Birth certificates must be in English or include a certified translation. If you’re using a birth certificate for ID, you’ll also need a photo ID.

The fee is $30. Most counties accept cash or credit card. Some charge a small convenience fee for credit cards.

If One Person Can’t Appear

Sometimes one person can’t make it to the clerk’s office in person. Maybe they’re deployed overseas. Maybe they’re traveling for work.

Colorado allows this. But the absent person must complete an Absentee Affidavit. This form must be notarized. The person who appears in person brings the completed affidavit and a copy of the absent person’s ID.

How Long the License Lasts

Your marriage license is valid for 35 days from the date it’s issued. You must have your ceremony within that time frame. If the 35 days pass, your license expires. You’ll need to get a new one.

Three Ways to Get Married in Colorado

Colorado gives you options. This is actually pretty cool. Not many states do this.

Option 1: Religious Ceremony

This is what most people choose. A religious officiant performs the ceremony. That could be a minister, priest, rabbi, imam, or any religious leader.

The officiant must be recognized by the organization that ordained them. They don’t need to register with the state of Colorado. Out-of-state clergy can perform ceremonies in Colorado.

Option 2: Civil Ceremony

A judge, magistrate, or certain public officials can perform your ceremony. You can find judges who perform ceremonies by contacting your local courthouse.

Retired judges can also perform ceremonies in Colorado.

Option 3: Self-Solemnization

Here’s where it gets interesting. You can marry yourself in Colorado. Seriously.

The couple can perform their own ceremony and sign the license as both the parties and the officiating party. You don’t need any witnesses. You don’t need an officiant. You don’t even need a ceremony if you don’t want one.

Just you, your partner, and the paperwork. That’s it.

Hold on, this part is important. A friend or family member cannot sign as your officiant unless they’re actually authorized to perform marriages. So you can’t just have your buddy sign the paperwork. It’s either a real officiant or you do it yourselves.

Witnesses

Witnesses are not required in Colorado for any type of ceremony. Some religious officiants or judges might request them anyway. That’s their choice.

If you do have witnesses, there are no age restrictions. Kids can sign as witnesses if you want.

Proxy Marriages

Colorado allows proxy marriages in very specific situations. One person is a member of the armed forces stationed overseas or in another state supporting military operations. Or they’re a government contractor supporting military operations.

One person must apply in person and provide a completed, notarized Absentee Affidavit from the other party.

Filing Your Marriage License

You’ve had your ceremony. Now what?

The person who performed the ceremony, or one of the parties if you self-solemnized, must complete the marriage certificate portion of the license. This includes the date, time, location of the ceremony, and signatures.

Then you need to file it. You have 63 days from the date of the ceremony to return the completed license to the county clerk’s office where you got it.

You can return it in person or mail it in. Make sure all the fields are filled out completely. Missing information can cause delays.

Late Fees

Miss the 63-day deadline? You’ll pay a $20 late fee. Wait longer? They can add an additional $5 per day up to a maximum of $50.

Don’t be that person. File it on time.

Certified Copies

When you file your license, you can purchase certified copies. These cost $1.25 each. Most people get three copies.

You’ll need certified copies to change your name, update insurance, adjust bank accounts, and more. It’s way easier than sending your original document everywhere.

Understanding Common Law Marriage in Colorado

Okay, pause. Read this carefully. Common law marriage is probably the most misunderstood part of Colorado marriage law.

Colorado is one of only a few states that still recognizes common law marriage. But most people get it completely wrong.

What Common Law Marriage Is NOT

Living together for a certain amount of time does not make you common law married. There’s no magic number of years. Not two years. Not seven years. Not ten years.

Just living together, even for decades, doesn’t create a marriage. Sharing expenses doesn’t do it either. Having kids together doesn’t do it.

Calling someone your “common law husband” or “common law wife” doesn’t automatically make you married.

What Common Law Marriage Actually IS

A common law marriage happens when two things occur:

First, both people mutually agree to be married. This doesn’t have to be a formal conversation. It doesn’t have to be in writing. But there has to be an actual agreement to enter into marriage.

Second, both people act like a married couple openly. This means presenting yourselves to the world as spouses.

The Colorado Supreme Court refined this test in 2021. The key question is whether you intended to enter into a marital relationship. To share a life together as spouses in a committed, intimate relationship of mutual support and obligation.

That’s a lot of words. Basically, did you actually agree to be married and then act like married people?

How Courts Decide

If there’s a dispute about whether a common law marriage exists, a court holds a hearing. You’ll need to present evidence. The court looks at many factors:

Do you refer to each other as husband and wife? Did you file joint tax returns? Do you share a last name? Did you list each other as spouses on official documents? Did you tell people you were married?

No single factor proves or disproves a common law marriage. The court considers everything together.

The burden of proof is on the person claiming the marriage exists. You have to convince the judge.

Why This Matters

A common law marriage is just as legally binding as a ceremonial marriage. If you’re common law married, you have all the same rights and obligations as any other married couple.

That means you need a legal divorce to end the relationship. Property gets divided. Spousal support might be awarded. It’s the real deal.

Confused about the difference? Let me break it down. A ceremonial marriage has paperwork and a license. A common law marriage is proven through evidence and court determination. But once established, they’re identical in legal effect.

Affidavit of Common Law Marriage

You can file an Affidavit of Common Law Marriage at your county clerk’s office. Some people do this to add a spouse to health insurance or for other benefits.

But here’s the thing. Signing an affidavit doesn’t automatically prove a common law marriage exists. If you sign it but never actually lived together or held yourselves out as married, a court might reject it.

The affidavit is evidence. It’s not conclusive proof.

Same-Sex Common Law Marriages

Colorado recognizes same-sex common law marriages. This is established law now.

Here’s where it gets interesting. Colorado courts have ruled that same-sex couples can have common law marriages that predate 2015, when same-sex marriage became legal nationwide.

If a same-sex couple intended to be married and acted like a married couple before 2015, the court will recognize that marriage as valid.

Prohibited Marriages

Some marriages are prohibited under Colorado law. If you enter into a prohibited marriage, it’s void. That means it’s not legally valid.

Bigamy

You cannot marry someone if you’re already married to someone else. This is bigamy. It’s a Class 6 felony in Colorado if you’re the person who’s already married. You could face one to 18 months in prison and fines between $1,000 and $100,000.

If you marry someone knowing they’re already married, that’s a misdemeanor. You could face up to 18 months in jail and fines up to $5,000.

Incest

Marriage between close blood relatives is prohibited. This includes ancestors and descendants, siblings, aunts and uncles with nieces and nephews.

Violating this law is a Class 4 felony. Penalties range from two to six years in prison and fines between $2,000 and $500,000.

General Violations

Knowingly violating any provision of Colorado marriage law is a misdemeanor. You could face fines up to $500.

Civil Unions in Colorado

Colorado also offers civil unions. These are similar to marriage but technically different.

Both partners must be 18 years old. The process is nearly identical to getting a marriage license. You apply at the county clerk’s office. The fee is $30.

Civil unions were created before same-sex marriage became legal nationwide. They provided legal protections to same-sex couples. Now that same-sex couples can marry, civil unions are less common.

But they’re still an option for any couple who prefers them over marriage.

Name Changes After Marriage

Getting married doesn’t automatically change your name. You can choose to change your name after marriage, but it’s not required.

If you do want to change your name, your marriage certificate serves as the legal document to do so. You’ll use it to update your driver’s license, social security card, passport, bank accounts, and other records.

Start with your social security card. Get that updated first. Then move on to your driver’s license. Other agencies will want to see those updated documents.

Annulments in Colorado

An annulment is different from a divorce. A divorce ends a valid marriage. An annulment declares that a valid marriage never existed in the first place.

Colorado calls this a “declaration of invalidity.” You need a specific legal reason to get one.

Valid grounds for annulment include:

One person was unable to consent due to age, mental incapacity, or intoxication. One person is unable or unwilling to consummate the marriage. One person was underage without proper parental consent or court approval. One person was tricked, forced, or married under fraudulent circumstances. One person was under duress at the time of the wedding.

You typically need to file for annulment within a certain time frame. The rules vary based on your specific situation.

Divorce in Colorado

If you need to end your marriage, Colorado makes the process relatively straightforward. Colorado is a no-fault divorce state.

That means you don’t need to prove your spouse did anything wrong. You just need to show the marriage is irretrievably broken. No blame, no fault required.

Colorado uses equitable distribution for dividing property and debts. This doesn’t mean equal. It means fair. The court considers many factors including length of marriage, economic circumstances, and contributions to the marriage.

Common law marriages require a formal divorce just like ceremonial marriages. There’s no difference once the marriage is established.

Special Considerations for Military Members

Military members stationed overseas or supporting combat operations have special provisions under Colorado law.

They can use the proxy marriage option. They can also extend certain deadlines related to marriage licenses if they’re suddenly deployed.

Contact the county clerk’s office if you’re in this situation. They can guide you through the specific requirements.

Recognition of Out-of-State Marriages

Colorado recognizes marriages from other states, even if those marriages couldn’t have been performed in Colorado.

For example, if you got married in a state that allows marriages at age 15 with parental consent, Colorado will recognize that marriage as valid even though you couldn’t have gotten married at 15 in Colorado.

The same applies to marriages performed in other countries. As long as the marriage was valid where it occurred, Colorado will generally recognize it.

How to Prove You’re Married

For a ceremonial marriage, it’s simple. Your marriage certificate is your proof. Keep certified copies in a safe place.

For common law marriage, it’s more complicated. You might need to prove your marriage to access benefits, settle estates, or file joint tax returns.

The best evidence includes joint tax returns, property held jointly, documents where you referred to each other as spouses, statements from people who knew you as married, and any affidavits you filed.

Make sense, right?

Frequently Asked Questions

How much does a marriage license cost in Colorado?

A marriage license costs $30 in every Colorado county. Some counties charge a small convenience fee if you pay by credit card instead of cash.

Do we need witnesses to get married in Colorado?

No, witnesses are not required for any type of marriage in Colorado. Some religious officiants or judges might request them, but it’s not a legal requirement.

Can we get married the same day we apply for our license?

Yes. Your marriage license is valid immediately upon issuance. You can get married the same day if you want. Just remember the license expires after 35 days.

Do we need a blood test to get married in Colorado?

No. Colorado eliminated the blood test requirement in 1989. You do not need any medical testing to get married.

Can we use our Colorado marriage license in another state?

No. Marriage licenses issued in Colorado are only valid for marriages performed in Colorado. If you want to get married in another state, you need to get a license there.

Final Thoughts

Colorado makes getting married fairly simple compared to many states. The basic process is straightforward. Get a license. Have a ceremony within 35 days. File the paperwork within 63 days.

But pay attention to the details. Age requirements are strict. Common law marriage is real and legally binding. Make sure you understand what you’re agreeing to.

If you’re planning to get married, start by visiting your county clerk’s website. Most have detailed information and online applications. Make an appointment if required. Bring proper ID and the $30 fee.

You’re not alone, this confuses a lot of people at first. But once you understand the process, it’s actually pretty easy.

Now you know the basics. Stay informed, ask questions if you’re unsure, and don’t be afraid to consult with a family law attorney if your situation is complicated.

Congratulations on taking this step. Whether you’re planning a big celebration or just making it official, Colorado’s got your back.

References

Colorado Revised Statutes Title 14, Article 2 (Uniform Marriage Act) https://leg.colorado.gov/content/colorado-revised-statutes-title-14

Colorado County Clerks Association – Marriage License Information https://www.colorado.gov/pacific/counties

Colorado Legal Services – Common Law Marriage Information https://www.coloradolegalservices.org/family-and-children/common-law-marriage/

Colorado Department of Revenue – Common Law Marriage Recognition https://tax.colorado.gov/common-law-marriage

FindLaw – Colorado Marriage Laws Overview https://www.findlaw.com/state/colorado-law/colorado-marriage-laws.html