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Prohibited Marriages

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Colorado prohibits same-sex marriages, and also has age restrictions, depending upon whether the parties are entering into a ceremonial marriage or a Colorado common law marriage.

There are additional prohibitions in C.R.S. 14-2-110, which prescribes the following marriages:

  • Marriage when one party is still married.  (This would be bigamy, and under C.R.S. 18-6-201 is a Class 6 felony for the party who is still married, and pursuant to C.R.S. 18-6-202 is a misdemeanor for the other party who knows of the prior marriage).
  • Marriage between an ancestor and descendant, or siblings.
  • Marriage between an uncle & niece or an aunt & nephew.

 

Effect of Prohibited Marriage

In addition to the potential criminal penalties for bigamy mentioned above, a marriage which is prohibited is void, and therefore subject to annulment (declaration of invalidity of marriage) under C.R.S. 14-10-111.

 

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