Colorado Divorce & Family Law Guide

A Comprehensive Collection of Articles about Colorado Family Law

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About the Guide

The Colorado Divorce & Family Law Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal in Black & Graham, LLC, a domestic relations and criminal defense firm, Carl heads up the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues. To learn more about our Colorado Springs family law practice, visit the law firm web site at:
www.blackgraham.com.

 

  • Family Law Updates
  • Colorado Divorce & Family Law Guide
    • The D.I.Y. Divorce Guide
      • Get the Forms
      • Instructions for Forms
      • File & Serve Initial Pleadings
      • Provide Financial Disclosures
      • Fill out Agreements, Decree, etc.
      • Initial Status Conference
      • Final Steps (No Children)
      • Final Hearing (If Children)
    • Entering Into Marriage
      • Prohibited Marriages
      • Common Law Marriage
      • Ceremonial Marriage
      • Same-Sex Marriage
      • Designated Beneficiary Agreements
    • Termination of Marriage
      • Grounds for Divorce or Legal Separation
      • Jurisdiction
      • Procedure
      • Divorce
      • Legal Separation
      • Annulment
      • Statutory Injunction
    • Paternity
      • Jurisdiction
      • Paternity & DNA Testing
    • Prenuptial Agreements
    • Bankruptcy & Divorce
    • Children & Custody
      • Jurisdiction
      • Parental Decision-Making
      • Decision-Making Modification
      • Child Custody / Parenting Time
      • Parenting Time Modification
      • Relocation of Children
      • Children Passports
      • Best Interests of the Children
      • Parenting Experts / Professionals
        • Child & Family Investigator / CFI
        • Child's Legal Representative / CLR
        • Parental Responsibilities Evaluator / PRE
    • Asset & Debt Division
      • Division of Property & Debt
      • Pension & Retirement Division
        • Division of 401(k) Plans
        • Division of PERA
        • IRAs (Individual Retirement Accounts)
        • Social Security Benefits
      • Property Settlement Modification
      • Division of Employee Stock Options
      • Vacation & Sick Time
    • Colorado Grandparent Rights & Visitation
      • Legal Standard for Grandparent Visitation
      • Colorado Grandparent Custody Rights
    • Child & Spousal Support
      • Alimony / Maintenance
      • Maintenance Modification
      • Child Support
      • Child Support Jurisdiction
      • Child Support Modification & Termination
    • Protective Orders
    • Useful Links

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Ceremonial Marriage

Colorado has adopted the Uniform Marriage Act at C.R.S. 14-2-101, et seq. So the Colorado statutory procedures parties must follow in order to marry may seem familiar to those who have been married in other states.

Ceremonial marriage is what most people think of when getting married, and contrasts to common law marriages, which are also recognized in Colorado. 

 

Procedures

  1. Marriage License.  The parties must obtain a marriage license from your local county clerk and recorder, providing basic demographic information.  No blood test is required.  If a party is divorced, proof of the divorce must be furnished.  C.R.S. 14-2-105.  Though both parties must sign the license, only one of them need appear in person to obtain the license.  C.R.S. 14-2-106.  The license fee in El Paso County (click here for more information) is $30.
  2. Solemnize the Marriage.  The license is void if not used 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.
  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 60 days of the ceremony.

 

Marriage by Proxy

When one party to a marriage is not available to attend the ceremony, Colorado allows the marriage to be by proxy, which means that a third party stands in for the unavailable party.  C.R.S. 14-2-109(2).  The following criteria must be met:

  1. The absent party must be unable to be present,
  2. The absent party must consent to the marriage,
  3. The authorization ("proxy") must be in writing, and
  4. The person solemnizing the marriage must be satisfied that the absent party is unavailable and has consented to the marriage.

 

Age Restrictions

Colorado requires that each party to the marriage be at least 18 years-old, or at least 16 years-old if that party has the consent of both parents/guardians, or the parent with decision-making responsibility over the party.  C.R.S. 14-2-106.  Children under 16 years-old may marry with both parental consent, and permission from a judge.

Judges can approve a party who is 16 or 17 years-old providing that:

  1. The party's parents/guardian approves, and
  2. The court finds the 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.

 

Penalty for Improper Marriage

Colorado law provides that it is a misdemeanor to attempt to knowingly violate the procedures and requirements for a marriage.  C.R.S. 14-2-113.

 

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Colorado Divorce & Family Law Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs law firms, divorce lawyers or family law attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc).  Login