In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are.
You'll typically need to apply for your marriage license at least one month before your wedding ceremony. You'll traditionally need to send in your birth certificates, tax information, and other official documents. You don't, however, want to apply for your marriage license too early. In some states, the licenses do expire, if you don't get married within a few months.
When you apply for your license, you'll not only need a proof of identification and age, will need to provide any information about previous marriages, and will need to pay a nominal fee. You will also need to have a witness when you sign the application, so plan on bringing your maid of honor or best man with you. The bride will need to know what her married name will be before she signs the marriage certificate. You'll have to write that name on the application.
And, believe it or not, just because you have your marriage license sent to you in the mail does not mean you are officially married. You need to have a justice of the peace or a religious clergyman sign the document. On your wedding day, you'll give your chaplain your marriage license, then after the ceremony, he'll sign it and send it to the proper government agency for validation.
A marriage license may be issued in any county and used
in any county in the State of Colorado. However, the license
must be used within 30 days from the date of issue. The
license is issued the day it is applied for and may be used
immediately.
Fee: Marriage license is $30.00. Cash or Checks Only.
Blood test: Blood tests are not required to obtain a
marriage license.
Age Requirements: The legal age without parental
consent is 18 years of age. Applicants who are 16 and 17
years of age must have parental consent from both parents. A
parent who has sole custody of a minor will be required to
sign a statement to this fact. If one or both of the parents
cannot appear at the time of applying for the license, an
absentee application may be completed and notarized ahead of
time. This is to be presented when the marriage license is
issued. Applicants 15 years of age or younger, must obtain a
court order granting judicial approval as well as complying
with the above requirements. The court order must be
obtained in the county where judicial approval has been
granted.
Identification: Acceptable forms for proof of age
are as follows: Drivers License, Passport, Visa, Birth
Certificate, Military ID, or state issued ID Card.
Social Security Number: Must be given when applying
for a license. If either party does not have a social
security number, they must sign an affidavit when applying
for the license.
Application Form: Both male and female applicants
must appear in person to complete and sign the marriage
application. If one party cannot appear due to illness, is
out of state, or incarcerated, he or she must obtain an
ABSENTEE APPLICATION from the Clerk and Recorder's office.
The party applying must bring the absentee application along
with identification for the absent party. Applicants need
not be residents of Colorado. ABSENTEE APPLICATIONS MUST BE
NOTARIZED.
Previous Marriages: If either party has been divorced
or widowed, we need to know the date, County and State. We
do not need proof. The couple will be required to swear
under oath that all information given is true and correct.
Ceremony: A marriage may be solemnized by a judge of
a court of record, a public official whose powers include
solemnization of marriages, or in accordance with any mode
of solemnization recognized by any religious denomination or
Indian nation or tribe. As of August 1993, a couple
themselves can solemnize their own marriage.
Cousin Marriages: Yes.
Common Law Marriages: Yes. Common Law Marriage - Recognized. See, "Common Law Marriage in Colorado," 16 Colo. Law. 252 (1987); Crandall v. Resley, 804 P.2d 272 (Colo. App. 1990).
Marriage by Proxy: Yes. If a party to a marriage is unable to be present at solemnization, he may authorize in writing a third person to act as his proxy. Sec. 14-2-109(2).
Same Sex Marriages: No.
Officiants: Couples themselves may solemnize their
own marriage (C.R.S 14-2-109).
They must apply for paper work from the County Courthouse in
order to do this.
However, friends or relatives can not solemnize their
marriage. Out-of-state Clergy
need not be registered in Colorado.
Solemnizing a Marriage: Couples themselves may solemnize their own marriage (perform one's own marriage ceremony). According to Colorado Revised Statute 14-2-109, a marriage may be solemnized by a judge of a court; by a court magistrate; by a retired judge of the court; by a public official whose powers include solemnization of marriages; by Indian tribe officials; by clergy; by the parties to the marriage. If you wish to solemnize your own marriage, you will be responsible for acquiring, completing and returning the license to marry to the appropriate county Office of the Clerk and Recorder.
Grounds for Annulment: Lack of capacity to consent at time solemnized, under-age (not cured by consent of parents or court), fraud, jest or dare, duress and impotency (unknown to other party at time of marriage), and any prohibited marriage. Sec. 14-10-111. See, "Annulments in Colorado," 22 Colo. Law. 2249 (1993).
Valid: License is valid for thirty (30) days. If either one of you is on probation or parole, you will need special authorization.
It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.
Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.
Arapahoe County Clerk
Littleton, CO
303.795.4520
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