Getting Married to an Incarcerated Individual in Colorado
This is one of the most common questions we get! It may seem like a complicated process but if you follow all the steps listed below, you will be married in no time.
Important things to remember:
- You will need to be in Colorado for this process.
- Colorado is what is known as “Self Solemnizing State.” This allows you to get married without an official and it also allows for the absentee affidavit. Unfortunately, what this means, is those prison weddings you have seen in movies or shows, it won’t happen here. You just sign papers and send them back and forth through the mail, file it, then you are married.
- You can pick any address as the address you got married at, and that will be the county you go to. Some counties make the process easier than others.
- The process is done through the County Clerk and Recorder’s Office in the Recording Department.
Check out our YouTube video on the process and follow the steps below.
The Process
- Absentee Affidavit
- The first thing that you will need to do is to download the Absentee Affidavit
- You will send the Absentee Affidavit to your loved one.
- Once your loved one receives the affidavit, you will then have them get in touch with their case worker for the contact information for the notary for that facility.
- You will need to pay for the notary – Prices vary.
- Have your loved one sign the affidavit in front of the notary.
- Get a copy of your loved one’s prison ID and have the notary certify the copy.
- The certified copy is not always required. Some counties do require it, so just do it!
- Have your loved one mail back the Affidavit and the copy of their ID.
- Check with the county that you plan to file in, you may need to schedule an appointment. Go into the county with your Absentee Affidavit, copy of your loved one’s ID, your ID, and $30.
- Some counties require cash, it is always good practice just to bring cash.
- Complete the forms that are needed by the county and get your marriage license/certificate.
- Be sure that you know your loved one’s social security number and who their parents are.
- Once issued, the certificate portion must be filled out within 35 days.
- Follow the image below, to complete the certificate portion, leaving the spaces for your loved one to sign blank.
- Witnesses are not required but can be anyone you choose, even your dog!
- You will BOTH sign as the officiant.
- Write “Ourselves” in the Officiant title space.
- Mail the entire thing to your loved one. It would be a good idea to explain where to sign.
- Once they sign, have them send it back to you.
- The certificate does not need to be notarized.
- Once the certificate is filled out, you then have 63 days to return it to the county office for recording.