Colorado § 14-2-106 - License to marry.

§ 14-2-106. License to marry.

(1) (a) When a marriage license application has been completed and signed by both parties to a prospective marriage and at least one party has appeared, or both parties appeared if permitted pursuant to section 14-2-106.5, before the county clerk and recorder and has paid the marriage license fee of seven dollars, a fee of twenty dollars to be transmitted by the county clerk and recorder to the state treasurer and credited by the treasurer to the Colorado domestic abuse program fund created in section 39-22-802 (1), and an additional amount established pursuant to section 25-2-121, such amount to be credited to the vital statistics records cash fund pursuant to section 25-2-121, the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:

(I) Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has judicial approval, as provided in section 14-2-108; and

(II) Satisfactory proof that the marriage is not prohibited, as provided in section 14-2-110.

(b) Violation of subsection (1)(a)(I) of this section makes the marriage voidable.

(2) Repealed.

(3) (a) If, at any point following the issuance of a valid license to marry issued pursuant to this section, a party to the marriage presents the issuing county clerk and recorder with appropriate documentation of that party's name change and requests the issuance of a new license to marry, the county clerk shall issue a new license to marry that reflects the party's name change.

(b) A new license to marry issued pursuant to subsection (3)(a) of this section supersedes the original license to marry as the official public record and must not be marked as amended or indicate in any manner that the name on the license to marry has been changed.

Source: L. 73: R&RE, p. 1017, § 1. C.R.S. 1963: § 90-1-6. L. 75: (2)(a) amended, p. 583, § 1, effective April 10. L. 79: (2)(a), (2)(b), and (2)(d) R&RE, p. 635, § 1, effective July 1. L. 84: (1)(a)(III) amended, p. 1118, § 9, effective June 7; IP(1)(a) amended, p. 742, § 1, effective July 1. L. 86: (1)(a)(III) amended, p. 711, § 1, effective July 1; (2)(a), (2)(b), (2)(d), (2)(f), and (2)(g) amended and (2)(h) added, p. 711, § 1, effective July 1. L. 89: IP(1)(a) amended and (1)(c) added, p. 936, § 2, effective July 1. L. 93: (1)(c) amended, p. 927, § 4, effective May 28. L. 98: (1)(a)(I) amended, p. 1394, § 30, effective February 1, 1999. L. 2000: IP(1)(a) and (1)(c) amended, p. 1571, § 8, effective July 1. L. 2009: IP(1)(a) amended, (SB 09-068), ch. 264, p. 1211, § 5, effective July 1. L. 2019: Entire section amended, (HB 19-1316), ch. 380, p. 3419, § 1, effective August 2. L. 2023: IP(1)(a) amended, (HB 23-1278), ch. 291, p. 1757, § 1, effective August 7. L. 2025: (3) added, (HB 25-1312), ch. 205, p. 927, § 2, effective May 16.

Editor's note: Subsection (2)(h) provided for the repeal of subsection (2), effective July 1, 1989. (See L. 86, p. 711.)

Cross references: For the short title ("Kelly Loving Act") in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.

ANNOTATION

Law reviews. For article, "Common Law Marriage in Colorado", see 16 Colo. Law. 252 (1987).

A failure to obtain the blood test (now rubella immunity documentation) does not invalidate a marriage, since § 14-2-113 provides for penalties only in the event of violation. Young v. Colo. Nat'l Bank, 148 Colo. 104, 365 P.2d 701 (1961) (decided under repealed § 90-1-6, CRS 53).