(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(2) Repealed.
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.
Editor's note: Subsection (2)(h) provided for the repeal of subsection (2), effective July
1, 1989. (See L. 86, p. 711.)
Notes of Decisions
In re Marriage of Hogsett & Neale, 2021 CO 1 (Colo. 2021).
· cites it 2× “§ 1103 (declaring that common law 5 The substantive limitations on licensed marriage are few: Colorado prohibits marriages between parties under eighteen years of age (except with judicial approval), § 14-2-106(1)(a)(I), C.R.S. (2020), and marriages that involve one party who is…”
Roper v. Simmons, 543 U.S. 551 (2005).
“§ 301 (West 2004) Colorado 18 Colo. Rev. Stat. Ann. § 14-2-106 (Lexis 2004) Connecticut 18 Conn.”
In re the Marriage of Edi L. HOGSETT v. Marcia E. NEALE, 478 P.3d 713 (Colo. 2021).
“5 The substantive limitations on licensed marriage are few: Colorado prohibits marriages between parties under eighteen years of age (except with judicial approval) , § 14-2-106 (1) (a) (I) , C.R.S. ( 2020 ) , and marriages that involve one party who is in another valid marriage…”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Colo. Rev. Stat. § 14-2-106 (1)(a)(I) (1987) Conn.”
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
· cites it 4× “, § 14-2-106(1)(a)(I), C.R.S. (2010) (establishing requirement for obtaining a marriage license); § 14-2-110(1)(a), C.”
United States v. Austin, 426 F.3d 1266 (10th Cir. 2005).
“See Colo.Rev.Stat. § 14-2-106 (regarding parental consent) and § 13-22-101 (concerning age of competency).”
Beeson v. Kiowa Cnty. Sch. Dist. Re-1, 567 P.2d 801 (Colo. Ct. App. 1977).
· cites it 2× “1973, and the General Assembly has obviously determined that this purpose is fulfilled, if as here, parental consent for plaintiff's marriage is first obtained.”
In Re Marriage of JMH & Rouse, 143 P.3d 1116 (Colo. Ct. App. 2006).
· cites it 3× “Section 14-2-106(l)(a)(I), C.R.S.2005. Nevertheless, persons between sixteen and eighteen years of age may marry if they obtain parental consent, or, if that is not possible, judicial approval.”
People v. Simpson, 51 P.3d 1022 (Colo. Ct. App. 2002).
· cites it 2× “2000 (person under eighteen does not have competence to enter into contracts, to manage estates, to sue and be sued, or to make decisions regarding his or her own body, such as donating blood or organs); § 14-2-106(l)(a)(I), C.R.S.2000 (person under eighteen needs to obtain…”
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002).
“Code § 302 (West 1994); Colo.Rev.Stat. Ann. § 14-2-106(I) (2001) (parent having custody); Conn.”
— Colo. Rev. Stat. § 14-2-106(1)(a)(I) — 2 cases
In re Marriage of Hogsett & Neale, 2021 CO 1 (Colo. 2021).
“§ 1103 (declaring that common law 5 The substantive limitations on licensed marriage are few: Colorado prohibits marriages between parties under eighteen years of age (except with judicial approval), § 14-2-106(1)(a)(I), C.R.S. (2020), and marriages that involve one party who is…”
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“, § 14-2-106(1)(a)(I), C.R.S. (2010) (establishing requirement for obtaining a marriage license); § 14-2-110(1)(a), C.”
— Colo. Rev. Stat. § 14-2-106(I) — 1 case
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002).
“Code § 302 (West 1994); Colo.Rev.Stat. Ann. § 14-2-106(I) (2001) (parent having custody); Conn.”
— Colo. Rev. Stat. § 14-2-106(l)(a)(I) — 2 cases
In Re Marriage of JMH & Rouse, 143 P.3d 1116 (Colo. Ct. App. 2006).
“Section 14-2-106(l)(a)(I), C.R.S.2005. Nevertheless, persons between sixteen and eighteen years of age may marry if they obtain parental consent, or, if that is not possible, judicial approval.”
People v. Simpson, 51 P.3d 1022 (Colo. Ct. App. 2002).
“2000 (person under eighteen does not have competence to enter into contracts, to manage estates, to sue and be sued, or to make decisions regarding his or her own body, such as donating blood or organs); § 14-2-106(l)(a)(I), C.R.S.2000 (person under eighteen needs to obtain…”
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