Colorado § 14-2-109 - Solemnization and registration of marriages - proxy marriage.

§ 14-2-109. Solemnization and registration of marriages - proxy marriage.

(1) A marriage may be solemnized by a judge of a court, by a court magistrate, by a retired judge of a court, by a public official whose powers include solemnization of marriages, by the parties to the marriage, or in accordance with any mode of solemnization recognized by any religious denomination or Indian nation or tribe. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the county clerk and recorder within sixty-three days after the solemnization. Any person who fails to forward the marriage certificate to the county clerk and recorder as required by this section shall be required to pay a late fee in an amount of not less than twenty dollars. An additional five-dollar late fee may be assessed for each additional day of failure to comply with the forwarding requirements of this subsection (1) up to a maximum of fifty dollars. For purposes of determining whether a late fee shall be assessed pursuant to this subsection (1), the date of forwarding shall be deemed to be the date of postmark.

(2) (a) The requirements for applying for a marriage license for a proxy marriage are the following:

(I) One party to the proxy marriage is a resident of the state of Colorado;

(II) One party to the proxy marriage appears in person to apply for the marriage license and pays the fees required in section 14-2-106 (1);

(III) The signatures of both parties to the proxy marriage are required, and the party present shall sign the marriage license application, as prescribed in section 14-2-105 (2), and provide an absentee affidavit form, as prescribed by the state registrar, containing the notarized signature of the absent party, along with proper identification documents as specified in section 14-2-105 (1)(a) for the absent party; and

(IV) Both parties to the proxy marriage are eighteen years of age or older.

(b) If a party to a marriage is unable to be present at the solemnization, the absent party may authorize in writing a third person to act as the absent party's proxy for purposes of solemnization of the marriage, if the absent party is:

(I) A member of the armed forces of the United States who is stationed in another country or in another state in support of combat or another military operation; or

(II) An individual who is a government contractor, or an employee of a government contractor, working in support of the armed forces of the United States or in support of United States military operations in another country or in another state and who supplies proper identification of that status.

(c) If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy. If such person is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.

(3) Upon receipt of the marriage certificate, the county clerk and recorder shall register the marriage.

Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-9. L. 79: (1) amended, p. 637, § 1, effective May 25. L. 89: (1) amended, p. 781, § 1, effective April 4. L. 91: (1) amended, p. 359, § 19, effective April 9. L. 93: Entire section amended, p. 438, § 3, effective July 1. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 829, § 23, effective July 1. L. 2015: (2) amended, (HB 15-1327), ch. 229, p. 851, § 1, effective May 27. L. 2019: (2)(a)(IV) amended, (HB 19-1316), ch. 380, p. 3421, § 3, effective August 2.

ANNOTATION

Law reviews. For article, "The Validity in Colorado of Marriages by Proxy", see 20 Dicta 283 (1943).