Best Marriage Lawyers in Colorado

About Marriage Law in Colorado, United States

Marriage law in Colorado governs the process of entering into and dissolving legal marriage within the state. Colorado recognizes both traditional and common law marriages, making it unique compared to some other states. The law provides specific requirements for obtaining a marriage license, the rights and responsibilities of married individuals, and the legal procedures for ending a marriage through divorce or annulment. Understanding these laws is essential for anyone who is planning to marry or is currently married in Colorado, as their rights and obligations are defined by state statutes and local court rules.

Why You May Need a Lawyer

There are various situations where consulting a lawyer for marriage-related matters in Colorado can be beneficial. If you are planning to enter into a prenuptial or postnuptial agreement, an attorney can help draft a legally binding document that protects your interests. If you have complex property, debts, or children from previous relationships, legal advice can ensure your rights are preserved. In cases of divorce, issues such as property division, child custody, and spousal support can be complex and emotionally charged, making professional legal guidance invaluable. Additionally, if you believe your marriage may not be legally valid, or if you need to establish or contest a common law marriage, speaking to a legal expert is advisable.

Local Laws Overview

Colorado has several notable laws and requirements regarding marriage:

• Both parties must be at least 18 years old. Minors aged 16 or 17 may marry with judicial approval, but marriage for those under 16 is not permitted.
• To legally marry, couples must obtain a marriage license from any Colorado county clerk and recorder office. There is no waiting period, and blood tests are not required.
• Colorado recognizes common law marriage. Couples are considered married if they mutually consent to be husband and wife, cohabit, and hold themselves out as married to the community, even without a formal ceremony or license.
• Same-sex marriage is fully recognized in Colorado, as required by federal law.
• Cousin marriage is legally allowed. However, marriages between direct ancestors and descendants or siblings (including half-siblings) are prohibited.
• Annulment, also known as a declaration of invalidity of marriage, can be sought under certain limited grounds, such as fraud, bigamy, or lack of consent.
• Divorce in Colorado is a “no fault” process, which means irretrievable breakdown is the only ground for dissolution, and neither spouse has to prove wrongdoing by the other.
• Property and debts acquired during marriage are considered marital and generally subject to equitable division upon divorce.

Frequently Asked Questions

What are the requirements to get married in Colorado?

You must be at least 18 years old, or 16 with a court order. Both parties need valid identification, and you must apply for a marriage license at a county clerk and recorder office. There is no residency or waiting period required.

Does Colorado recognize common law marriage?

Yes, Colorado recognizes common law marriage if both individuals mutually agree to be married, live together, and present themselves as married to others. No ceremony, officiant, or license is required.

Can same-sex couples marry in Colorado?

Yes, same-sex marriage is legal in Colorado and receives the same recognition as opposite-sex marriage, in accordance with federal law.

Can cousins marry in Colorado?

Yes, marriage between first cousins is permitted in Colorado. However, marriages between persons who are lineal ancestors or descendants, siblings, or half-siblings are not allowed.

Is there a residency requirement to get married in Colorado?

No, you do not need to be a Colorado resident to marry in the state. Couples from out of state can apply for a marriage license in any Colorado county.

How do I end a marriage in Colorado?

You can file for divorce, or in certain cases, request an annulment if legal grounds exist. Colorado is a no fault divorce state, meaning only an irretrievable breakdown of the marriage must be shown.

Do I need a lawyer to get divorced in Colorado?

You are not required to have a lawyer, but legal representation is often recommended, especially if there are significant assets, complicated property, children, or disagreement between spouses.

How is property divided in a Colorado divorce?

Property and debts acquired during the marriage are divided equitably, not necessarily equally. Courts consider various factors to determine a fair division.

Do I need witnesses or an officiant for my marriage in Colorado?

Colorado does not require witnesses or an officiant for a marriage ceremony. Couples may solemnize their own marriage, but must still obtain a marriage license and submit the completed license for recording.

What if I believe my marriage is not valid?

If you think your marriage may not be legally valid, you may need to seek a declaration of invalidity (annulment). Grounds for annulment include fraud, bigamy, incapacity, or lack of consent. Consulting a lawyer is recommended.

Additional Resources

If you need more information or assistance, consider reaching out to the following sources:

• Colorado Judicial Branch - Provides self-help forms and resources on marriage, divorce, annulment, and legal separation.
• Colorado Department of Public Health and Environment - Issues official marriage and divorce records.
• County Clerk and Recorder Offices - Handle marriage license applications across Colorado.
• Colorado Bar Association - Offers lawyer referral services and legal resources for the public.
• Legal Aid Organizations - Such as Colorado Legal Services, which provide assistance to qualifying individuals.

Next Steps

If you require legal advice or representation regarding marriage in Colorado, start by collecting all relevant documents, including marriage certificates, identification, and any previous legal paperwork. Determine whether your issue involves a specific concern, such as prenuptial agreements, property division, or common law marriage. Consider contacting a qualified family law attorney in Colorado who has experience with marriage law. Many attorneys offer initial consultations, during which you can discuss your situation and evaluate your options. It can also be helpful to review publicly available resources from governmental organizations or legal aid services before your consultation. Being informed and prepared will help you make the best decisions for your circumstances.