Can a person who is not a resident of Colorado, have a valid proxy marriage in Colorado?
Full Question:
I live in Colorado and my boyfriend lives in Michigan. Can we have a valid proxy marriage under the law of Colorado because he is not a resident of Colorado?
12/28/2016 |
Category: Marriage |
State: Colorado |
#29013
Answer:
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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) Notwithstanding the requirements of section 14-2-106 (1) (a) (I), both parties to the proxy marriage are eighteen years of age or older.
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Thus, both the parties to a marriage need not be the residents of Colorado to apply for a marriage license for a proxy marriage. To have a valid proxy marriage, you should fulfill all the necessary requirements mentioned in C.R.S. 14-2-109. If one party is resident of Colorado, then they can apply for marriage license if all other requirements are satisfied. Therefore, you may apply for marriage license for a proxy marriage. You can have a valid proxy marriage in Colorado though your boyfriend is a Michigan resident.
