How Does Marriage by Proxy Work in Colorado?

Colorado law permits marriage by proxy, a legal allowance for two people to marry even when they are not physically together for an actual ceremony. In the ideal situation, two people who wish to marry must be present with witnesses to support the process. However, in some cases today, it is hard for two people to be located within the same space due to physical distance. This is when a marriage by proxy may be applicable, so be sure to speak with a Broomfield family law attorney today.

How Marriage by Proxy Happens

Under Colorado Title 14 Domestic Matters 14-2-109, when one party to the marriage is unable to be present for the solemnization, the absent party may authorize a third person to act in their absence during the solemnization. This authorization must occur in writing, and the party solemnizing the marriage must recognize that it is a legally authorized sanction.

The party absent must consent to the marriage. The person presiding over the marriage must believe that they consent. There are specific factors that must align for a marriage by proxy to happen in Colorado:

• Both of the people involved must be 18 years of age or older.
• At least one of the people in the marriage must be a resident of the state of Colorado.
• At least one of the parties to the marriage must apply for the marriage license and pay the associated fee, and the other party must also submit an absentee affidavit form with a notarized signature at the time.
• The party is not at the location, then submits a written authorization for a third party to stand in for them as a proxy for the ceremony.
• The person solemnizing the marriage, such as an officiant, must be satisfied that the absent party has a valid reason for not being there.

There are many reasons why these actions may be necessary. One of the most common occurs when one party is stationed overseas in the military.

There are situations in which the officiant may decline to proceed with the marriage for any reason. In these cases, either party to the marriage may seek a court order authorizing a marriage by proxy if the officiant declines.

Reasons for Marriage by Proxy

Colorado is a state that does not allow as much flexibility to people getting married as other states do. In Colorado, the only deemed acceptable reason for a marriage by proxy is when one party is in the military, and a physical separation occurs.

Other states allow for numerous other reasons, including travel restrictions or incarceration. This is not applicable in Colorado.

The Importance of a Family Attorney in Marriage by Proxy Situations

You technically do not need an attorney to request a marriage by proxy. However, if you feel there are any risks to proving to the officiant or the court that this marriage should progress, or you wish to make sure the process goes well, seek the help of a family law attorney in Colorado. Your attorney can clarify your rights and ensure you complete the necessary documentation properly.

By working with an attorney, you gain insight into whether you can seek action in this manner or if you need to wait for both parties to be available. Learn what your legal rights are by contacting a local family law attorney.