Getting Married in Colorado: A Legal Guide
Colorado marriage laws require couples to obtain a marriage license from any county clerk's office, with no waiting period and licenses valid for 35 days after issuance. Both parties must appear in person with valid identification, and the state recognizes self-solemnization, allowing couples to legally marry without an officiant.
Colorado is one of the few states that allows self-solemnization (marrying without an officiant), but couples should still ensure all paperwork is properly filed with the county clerk to make the marriage legally valid.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Colorado Marriage License Requirements
In Colorado, both parties must appear in person at a county clerk's office to apply for a marriage license. No blood test or waiting period is required. The license is valid for 35 days from issuance and can be used anywhere in Colorado. The fee is typically around $30 (varies by county).
Colorado Common Law Marriage
Colorado recognizes common law marriage when couples mutually consent to be married, live together, and publicly present themselves as married. Since 2021, Colorado law requires both parties to be at least 18 years old to enter into a common law marriage.
Colorado Age Requirements for Marriage
In Colorado, individuals who are 18 or older can marry without parental consent. Those who are 16-17 can marry with parental/guardian consent. Colorado prohibits marriage for anyone under 16 years of age.
Colorado Marital Property Laws
Colorado is an 'equitable distribution' state, meaning that in case of divorce, marital property is divided equitably (fairly) but not necessarily equally. Property acquired during marriage is generally considered marital property regardless of how it's titled.
Colorado Name Change After Marriage
In Colorado, either spouse may change their last name after marriage by using the marriage certificate as legal proof of the name change. This can be used to update identification documents like driver's licenses and Social Security cards.
Regional Variances
County Marriage License Requirements in Colorado
In Denver County, couples can apply for marriage licenses online through the Denver Office of the Clerk and Recorder's website before appearing in person. Both parties must still appear together to complete the process, but the online pre-application can save time. Denver County charges $30 for marriage licenses.
El Paso County requires both parties to appear in person at the Clerk and Recorder's Office with valid photo ID. They do not offer online pre-application. The fee is $30 cash, check, or credit card. Marriage licenses are valid for 35 days after issuance.
Boulder County offers both appointment and walk-in options for obtaining marriage licenses. They recommend appointments during busy seasons (May-September). Boulder County also offers self-solemnizing marriage licenses, which don't require an officiant, a unique option under Colorado law.
Larimer County requires appointments for marriage license applications. Both parties must be present with valid ID. They charge $30 and accept various payment methods including credit cards with a small processing fee.
Summit County, a popular destination wedding location, offers marriage licenses to non-residents. They have specific hours for marriage license services and may require appointments during peak wedding seasons. The standard $30 fee applies.
Waiting Period and License Validity Variations
Unlike some states, Colorado has no waiting period between obtaining a marriage license and performing the ceremony. However, all marriage licenses in Colorado are valid for 35 days from the date of issuance, regardless of which county issues the license.
Self-Solemnization Policies
Colorado is one of the few states that allows self-solemnization (couples can marry themselves without an officiant). While this is legal throughout Colorado, some counties may have slightly different procedures for recording self-solemnized marriages. Always check with the specific county clerk's office for their process.
Suggested Compliance Checklist
Research Colorado Marriage Requirements
1 days after startingBefore getting married in Colorado, research the state's specific requirements. Colorado does not require blood tests or waiting periods, but you should understand residency requirements (none for marriage licenses) and age requirements (18+ without parental consent, 16-17 with parental consent).
Apply for Marriage License
30 days after startingBoth parties must appear in person at any Colorado county clerk's office with valid photo ID. The license costs approximately $30 (varies by county), is valid for 35 days after issuance, and requires no waiting period before the ceremony. The license must be returned to the county clerk after the ceremony for recording.
Consider a Prenuptial Agreement
60 days after startingWhile optional, a prenuptial agreement can protect individual assets and clarify financial responsibilities. In Colorado, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is enforceable under Colorado law.
Update or Create a Will
90 days after startingMarriage automatically revokes a previously executed will in Colorado unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired.
Create Healthcare Power of Attorney
90 days after startingDesignate your spouse or another trusted person to make medical decisions if you become incapacitated. In Colorado, this document must be notarized or witnessed by two individuals who are not the appointed agent, healthcare providers, or creditors.
Create Durable Power of Attorney
90 days after startingAppoint your spouse or another trusted person to handle financial and legal matters if you become incapacitated. In Colorado, this document must be notarized to be valid and should clearly specify the powers granted.
Update Beneficiary Designations
90 days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Colorado, these designations typically override will provisions, so it's crucial they reflect your current wishes regarding your spouse.
Apply for Name Change (if applicable)
120 days after startingIf either spouse wishes to change their name after marriage, you'll need your certified marriage certificate. In Colorado, you can use this to update your name with the Social Security Administration first, then the DMV for your driver's license, and finally with other institutions.
Establish Joint Financial Accounts (if desired)
120 days after startingConsider whether to maintain separate accounts or establish joint accounts. Colorado is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally) in divorce. Joint accounts are generally considered marital property regardless of contribution amounts.
Update Health Insurance Coverage
60 days after startingMarriage is a qualifying life event that allows changes to health insurance outside open enrollment periods. In Colorado, you typically have 30-60 days after marriage to add your spouse to your health insurance or switch to a family plan.
Review and Update Tax Filing Status
150 days after startingDetermine whether to file taxes jointly or separately. For most Colorado couples, filing jointly results in tax benefits, but this depends on your specific financial situation. Consult with a tax professional to understand the implications for your circumstances.
Register Marriage with Social Security Administration
120 days after startingIf either spouse changes their name, they must update their Social Security card. Even without a name change, notifying the SSA of your marriage status is important for benefit purposes. Visit your local SSA office with your marriage certificate and identification.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Colorado Marriage Requirements | Before getting married in Colorado, research the state's specific requirements. Colorado does not require blood tests or waiting periods, but you should understand residency requirements (none for marriage licenses) and age requirements (18+ without parental consent, 16-17 with parental consent). | - | 1 |
| Apply for Marriage License | Both parties must appear in person at any Colorado county clerk's office with valid photo ID. The license costs approximately $30 (varies by county), is valid for 35 days after issuance, and requires no waiting period before the ceremony. The license must be returned to the county clerk after the ceremony for recording. | Marriage License Application | 30 |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect individual assets and clarify financial responsibilities. In Colorado, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is enforceable under Colorado law. | Prenuptial Agreement | 60 |
| Update or Create a Will | Marriage automatically revokes a previously executed will in Colorado unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. | Updated Will | 90 |
| Create Healthcare Power of Attorney | Designate your spouse or another trusted person to make medical decisions if you become incapacitated. In Colorado, this document must be notarized or witnessed by two individuals who are not the appointed agent, healthcare providers, or creditors. | Healthcare Power of Attorney | 90 |
| Create Durable Power of Attorney | Appoint your spouse or another trusted person to handle financial and legal matters if you become incapacitated. In Colorado, this document must be notarized to be valid and should clearly specify the powers granted. | Durable Power of Attorney | 90 |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Colorado, these designations typically override will provisions, so it's crucial they reflect your current wishes regarding your spouse. | Beneficiary Designation Forms | 90 |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, you'll need your certified marriage certificate. In Colorado, you can use this to update your name with the Social Security Administration first, then the DMV for your driver's license, and finally with other institutions. | Name Change Application | 120 |
| Establish Joint Financial Accounts (if desired) | Consider whether to maintain separate accounts or establish joint accounts. Colorado is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally) in divorce. Joint accounts are generally considered marital property regardless of contribution amounts. | Joint Bank Account Application | 120 |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows changes to health insurance outside open enrollment periods. In Colorado, you typically have 30-60 days after marriage to add your spouse to your health insurance or switch to a family plan. | Health Insurance Coverage Change Form | 60 |
| Review and Update Tax Filing Status | Determine whether to file taxes jointly or separately. For most Colorado couples, filing jointly results in tax benefits, but this depends on your specific financial situation. Consult with a tax professional to understand the implications for your circumstances. | - | 150 |
| Register Marriage with Social Security Administration | If either spouse changes their name, they must update their Social Security card. Even without a name change, notifying the SSA of your marriage status is important for benefit purposes. Visit your local SSA office with your marriage certificate and identification. | - | 120 |
Frequently Asked Questions
In Colorado, you need to be at least 18 years old (or 16-17 with parental consent, or under 16 with both parental consent and judicial approval). Both parties must appear together at a county clerk's office to apply for a marriage license. You'll need valid identification (driver's license, passport, etc.) and your social security numbers. There is no blood test or waiting period required in Colorado. The marriage license fee is typically around $30 (though this may vary by county). Once issued, your license is valid for 35 days and can be used anywhere in Colorado.
No, Colorado does not require witnesses for your marriage ceremony. Unlike many other states, you only need the couple and the officiant to make the marriage legal. After the ceremony, the officiant must sign the marriage license and return it to the county clerk's office within 63 days of the ceremony.
Colorado offers several options for wedding officiants. These include judges, retired judges, magistrates, court clerks, religious officials (ministers, priests, rabbis, etc.), and even the couple themselves. Colorado is one of the few states that recognizes self-solemnization, meaning you can legally marry yourselves without an officiant by signing the marriage license as both the couple and the officiants.
A marriage license is the document you obtain before your wedding that gives you legal permission to marry. In Colorado, you apply for this together at the county clerk's office. After your ceremony, the completed license is returned to the clerk's office, and they will issue your marriage certificate, which is the official document proving you are legally married. You'll need this certificate for name changes and other legal matters.
Yes, Colorado is one of the few states that recognizes common law marriage. To establish a common law marriage in Colorado, both parties must: (1) mutually agree to be married, (2) live together as a married couple, (3) present themselves publicly as married, and (4) be at least 18 years old and legally free to marry. There is no specific time requirement for how long you must live together. Common law marriages have the same legal standing as ceremonial marriages in Colorado.
Name changes after marriage are optional in Colorado. If you choose to change your name, you'll need your certified marriage certificate to update your identification documents. Start with your Social Security card, then your driver's license, and finally your passport and other accounts. Colorado follows the general practice that either spouse may take the other's last name, keep their own, hyphenate, or create a new combined name.
A prenuptial agreement (prenup) is a legal contract created before marriage that outlines how assets and debts will be divided in case of divorce or death. In Colorado, prenups must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. Whether you need one depends on your situation, particularly if you have significant assets, own a business, expect an inheritance, have children from previous relationships, or have significantly different income levels. Consider consulting with a family law attorney to determine if a prenup is right for your situation.
Yes, same-sex marriage has been legal in Colorado since October 7, 2014, when the state began recognizing such marriages following legal developments at the federal level. Same-sex couples have exactly the same marriage rights and responsibilities as opposite-sex couples in Colorado, including all the legal benefits and protections of marriage under state law.