Colorado permits remarriage immediately after a divorce decree becomes final, with no mandatory waiting period required by state law. Under Colorado Revised Statutes, once a court signs your dissolution of marriage decree, you may obtain a new marriage license and legally remarry the same day. The marriage license costs $30, requires valid photo identification, and your certified divorce decree as proof your prior marriage has legally ended.
Key Facts: Remarriage After Divorce in Colorado
| Requirement | Colorado Law |
|---|---|
| Waiting Period for Remarriage | None (immediate upon final decree) |
| Divorce Filing Fee | $230 (petitioner) + $116 (response fee) |
| Marriage License Fee | $30 |
| Divorce Waiting Period | 91 days minimum |
| Residency Requirement | 91 days in Colorado |
| Documents Needed | Certified divorce decree, valid photo ID |
| Spousal Maintenance Impact | Terminates automatically upon remarriage under C.R.S. § 14-10-122 |
| Bigamy Penalty | Class 2 misdemeanor (up to 120 days jail, $750 fine) |
How Soon Can You Remarry After Divorce in Colorado?
Colorado imposes no waiting period for remarriage after divorce, allowing individuals to legally remarry immediately once their divorce decree is signed by the court. This distinguishes Colorado from states like Nebraska, Oklahoma, and Wisconsin, which require waiting periods of up to 6 months before remarriage. The only timing restriction involves the 91-day mandatory waiting period before the divorce itself can be finalized under C.R.S. § 14-10-106.
Colorado courts require a minimum of 91 days to pass between filing for divorce and finalizing the dissolution. This statutory period serves as a cooling-off window and allows time for proper service, negotiation, and court processing. Once this 91-day period ends and the judge signs the final decree, you are legally single and free to remarry without any additional waiting.
The practical timeline for remarriage after divorce in Colorado depends entirely on your divorce case complexity. An uncontested divorce with full agreement between spouses typically finalizes in 2 to 4 months, meaning remarriage becomes possible within that timeframe. Contested divorces involving custody disputes, property division conflicts, or spousal maintenance disagreements may take 12 to 18 months or longer before finalization.
To remarry in Colorado after divorce, you must present a certified copy of your divorce decree when applying for your new marriage license. County clerk offices verify that your prior marriage was legally dissolved before issuing a new license. This requirement protects against bigamy charges and ensures both parties enter the new marriage with legal standing.
Colorado Marriage License Requirements for Previously Divorced Individuals
Obtaining a marriage license in Colorado after divorce requires specific documentation and costs $30 at any county clerk and recorder office. Both parties must appear in person with valid identification, provide the last four digits of their Social Security numbers, and present proof that any prior marriages have legally ended through divorce, annulment, or death of the former spouse.
Acceptable forms of identification for a Colorado marriage license include state-issued driver's licenses, passports, military identification cards, birth certificates, naturalization certificates, or alien registration cards. All identification must be current, valid, and display your date of birth to verify you meet the minimum age requirement of 18 years.
Previously divorced applicants must provide the date, city, state, and court type of their divorce. While you do not need to bring physical divorce paperwork in many counties, having a certified copy of your divorce decree available eliminates potential delays. Some county clerks may request verification if there are questions about the finalization date.
Colorado does not require blood tests, witnesses, or Colorado residency to obtain a marriage license. The license remains valid for 35 days after issuance and must be signed during a ceremony performed by an authorized officiant. After the ceremony, the signed license must be returned to the issuing county clerk within 63 days for official recording.
If one party cannot appear in person, Colorado allows an absentee affidavit process. The absent party must complete a Marriage License Absentee Affidavit with a notarized signature and submit a copy of their identification. This accommodation helps couples where one partner faces military deployment, work obligations, or health limitations.
Spousal Maintenance Termination Upon Remarriage
Colorado spousal maintenance (alimony) terminates automatically when the recipient spouse remarries or enters a civil union under C.R.S. § 14-10-122. The paying spouse does not need to file a motion or obtain court approval to stop payments. This automatic termination applies to both temporary and permanent maintenance orders unless the original divorce decree or separation agreement specifically states otherwise.
The statutory language in C.R.S. § 14-10-122(1) provides that unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the remarriage of the party receiving maintenance. This default rule means most maintenance orders end the moment the recipient says "I do" in a subsequent marriage ceremony.
Parties who wish to preserve maintenance after remarriage must include explicit language in their separation agreement. A provision stating that maintenance shall not terminate upon the remarriage of the recipient spouse creates an enforceable exception to the automatic termination rule. Courts have upheld non-modifiable maintenance terms as effectively continuing payments even without specific remarriage language.
Cohabitation presents different legal considerations than remarriage in Colorado. Unlike states such as Florida or New Jersey, Colorado does not automatically terminate or reduce alimony when the recipient begins living with a new partner. Cohabitation may become relevant only if it materially affects the receiving spouse's financial circumstances through shared expenses or combined household income.
The paying spouse should continue maintenance payments until receiving verification of the recipient's remarriage through official channels. Stopping payments prematurely based on rumors or assumptions can result in contempt charges and arrearages. Upon confirmed remarriage, the payor may stop payments immediately without filing additional court documents.
What Happens If a Remarriage Is Annulled?
Colorado courts may reinstate spousal maintenance obligations if a recipient's subsequent remarriage is later annulled, based on the Colorado Supreme Court's ruling in In re Marriage of Cargill, 843 P.2d 1335 (1993). This precedent established that remarriage under Colorado law means the status of being married, not merely participating in a marriage ceremony. A void marriage that never legally existed cannot trigger the automatic termination provision.
In the Cargill case, the maintenance recipient remarried three years into a six-year maintenance term, ending her former husband's payment obligation. When that remarriage was annulled one year later, the Colorado Supreme Court held that maintenance could be reinstated retroactively. The court reasoned that because the annulled marriage was void from its inception, it effectively never happened under the law.
This rule creates potential financial exposure for paying spouses who stop maintenance upon a recipient's remarriage. If that remarriage later proves invalid through annulment, the payor may owe back payments for the entire period they believed payments were terminated. Legal consultation before stopping payments helps protect against this scenario.
Parties should distinguish between annulment and divorce of a subsequent marriage. If the recipient's remarriage ends through divorce rather than annulment, maintenance from the first marriage remains permanently terminated. Only annulments, which declare the marriage void from inception, potentially restore prior maintenance obligations under Cargill.
Bigamy Laws and Criminal Penalties in Colorado
Marrying while still legally married to another person constitutes bigamy under C.R.S. § 18-6-201, a Class 2 misdemeanor carrying penalties of up to 120 days in jail and fines up to $750. This criminal statute applies to ceremonial marriages, civil unions, and cohabitation with a third party while remaining legally married to a spouse. Ensuring your divorce is final before remarrying protects against these criminal consequences.
Prior to March 1, 2022, Colorado classified bigamy as a Class 6 felony with substantially harsher penalties including 12 to 18 months imprisonment and fines ranging from $1,000 to $100,000. Senate Bill 21-271 reclassified the offense to a misdemeanor, reflecting modernized approaches to domestic relations offenses. The current penalty structure applies to offenses committed on or after March 1, 2022.
Colorado law provides affirmative defenses against bigamy charges in limited circumstances. A defendant may avoid conviction if they reasonably believed their prior spouse was dead, if the prior spouse was continually absent for five years without the accused knowing they were alive, or if the accused reasonably believed they were legally eligible to remarry. These defenses require demonstrating genuine, reasonable belief rather than negligence or willful ignorance.
Immigration consequences of a bigamy conviction can be severe for non-citizens. Bigamy may constitute a crime of moral turpitude, potentially triggering deportation proceedings or barring naturalization for those seeking U.S. citizenship. Non-citizens should obtain absolute legal certainty of their divorce finalization before attempting remarriage.
Note that marrying a bigamist is no longer a crime in Colorado. Previously codified at C.R.S. § 18-6-202, this offense was repealed, meaning an innocent party who unknowingly marries someone still married to another faces no criminal liability for their own conduct.
Common Law Marriage and Remarriage Considerations
Colorado recognizes common law marriage, making it one of approximately 12 states where couples can become legally married without a ceremony or license. A valid common law marriage requires mutual consent to be married and mutual, open assumption of a marital relationship. Common law marriages carry identical legal weight to ceremonial marriages and must be dissolved through formal divorce proceedings before either party can remarry.
No minimum cohabitation period exists for common law marriage in Colorado. The relationship's facts and circumstances determine whether a marriage exists, not the length of time together. Courts examine factors including shared finances, joint property ownership, referring to each other as spouses, and filing joint tax returns when evaluating common law marriage claims.
Individuals who were previously in common law marriages must obtain formal divorces before remarrying. Attempting to marry a new spouse without dissolving a prior common law marriage constitutes bigamy and renders the subsequent marriage void. The second marriage will not be legally enforceable until the first common law spouse is properly divorced.
Colorado courts may apply relaxed standards when evaluating whether a common law remarriage exists between previously divorced spouses who reconcile. In Peterson v. Peterson, the court noted that when dealing with remarriage following divorce after years of wedlock, the law should favor the status of remarriage even if acquired with common law informality. This doctrine helps formerly married couples who resume living together without a second ceremony.
Timeline Comparison: Divorce to Remarriage
| Stage | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Residency Requirement | 91 days | 91 days |
| Filing to Service | 1-2 weeks | 2-4 weeks |
| Mandatory Waiting Period | 91 days | 91 days |
| Negotiation/Trial | Minimal | 3-12 months |
| Total Time to Final Decree | 2-4 months | 12-18+ months |
| Remarriage Waiting Period | None | None |
| Marriage License Processing | Same day | Same day |
| Earliest Remarriage Date | 2-4 months after filing | 12-18+ months after filing |
Financial Considerations Before Remarrying
Remarriage triggers automatic termination of spousal maintenance received from a former spouse under C.R.S. § 14-10-122, potentially eliminating thousands of dollars in monthly income. A recipient receiving $2,500 monthly in maintenance over a remaining 5-year term would forfeit $150,000 by remarrying without negotiating alternative arrangements. Careful financial planning should precede any remarriage decision when maintenance is involved.
Child support obligations remain unaffected by either parent's remarriage under Colorado law. The remarriage of a paying parent does not increase their support obligation, nor does the remarriage of a receiving parent reduce it. New spouse income is generally not considered when calculating child support, though it may affect the analysis in limited circumstances involving extreme disparity.
Prenuptial agreements merit serious consideration before remarrying, particularly for individuals with substantial assets, business interests, or children from prior marriages. Colorado enforces prenuptial agreements that meet disclosure, voluntariness, and procedural fairness requirements. These contracts can protect pre-marital property, limit future spousal maintenance obligations, and preserve assets for children from previous relationships.
New spouses do not automatically become liable for their partner's existing child support or maintenance obligations from prior marriages. However, joint finances, shared accounts, and commingled assets can complicate enforcement and collection efforts. Clear financial boundaries and separate accounts help maintain distinction between individual obligations and joint marital finances.
Steps to Remarry After Divorce in Colorado
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Obtain a certified copy of your final divorce decree from the court that handled your dissolution. Most Colorado courts charge approximately $20 per certified document. Online court record systems may provide downloadable copies, though official certified versions are preferable for marriage license applications.
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Verify your divorce decree is final by checking the document for the judge's signature and filing stamp. The decree becomes effective on the date signed unless it specifies a different effective date. Call the court clerk if you have any uncertainty about whether your divorce is complete.
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Gather required identification documents including a valid photo ID showing your date of birth. If you changed your name in the divorce, ensure your ID reflects your current legal name or bring documentation showing the name change.
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Visit any Colorado county clerk and recorder office with your future spouse. Both parties must appear unless using the absentee affidavit process. Bring the $30 license fee in cash, check, or card depending on the county's accepted payment methods.
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Complete the marriage license application, providing information about your prior marriage including the date, location, and type of termination. Disclose all previous marriages, not just the most recent one, if you have multiple prior marriages.
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Schedule your ceremony within 35 days of receiving the license. Colorado authorizes judges, magistrates, retired judges, clergy members, and others to perform marriages. The state also allows self-solemnization, meaning couples can legally marry themselves without an officiant.
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Return the signed marriage license to the issuing clerk within 63 days of the ceremony for recording. Failure to return the license does not invalidate the marriage but creates administrative complications for obtaining certified marriage certificates.
Frequently Asked Questions
Is there a waiting period to remarry after divorce in Colorado?
Colorado imposes no waiting period for remarriage after divorce finalization. Once the court signs your dissolution decree, you may immediately obtain a marriage license and remarry. This contrasts with states like Wisconsin and Nebraska, which require up to 6 months before remarriage. You need only present a certified copy of your divorce decree when applying for your new marriage license.
Does remarriage affect my spousal maintenance payments in Colorado?
Remarriage automatically terminates spousal maintenance under C.R.S. § 14-10-122 unless your divorce decree specifically provides otherwise. The paying spouse may stop payments immediately upon the recipient's remarriage without filing any court motions. This termination applies to entering a civil union as well. Child support obligations remain unaffected by either parent's remarriage.
What documents do I need to remarry in Colorado after divorce?
You need valid photo identification showing your date of birth, the last four digits of your Social Security number, and proof your prior marriage ended. Acceptable IDs include driver's licenses, passports, military IDs, or birth certificates. While not always required, bringing a certified copy of your divorce decree prevents potential delays at the clerk's office. The marriage license costs $30.
Can I remarry my ex-spouse in Colorado after our divorce?
Yes, Colorado permits remarrying a former spouse with no restrictions. You must obtain a new marriage license and hold a new ceremony, as the original marriage was legally dissolved. Colorado courts may apply relaxed standards when evaluating common law remarriage between formerly married couples who resume living together without a formal ceremony.
What happens if I remarry before my divorce is final in Colorado?
Marrying while still legally married constitutes bigamy under C.R.S. § 18-6-201, a Class 2 misdemeanor punishable by up to 120 days in jail and $750 in fines. The subsequent marriage would be void and unenforceable. Non-citizens face additional immigration consequences, as bigamy may be considered a crime of moral turpitude affecting naturalization and deportation proceedings.
Does living with someone affect my alimony if I don't remarry?
Colorado does not automatically terminate or reduce spousal maintenance for cohabitation alone. Unlike Florida or New Jersey, Colorado courts examine whether cohabitation materially affects the recipient's financial circumstances rather than treating it as equivalent to remarriage. Living with a new partner who shares expenses may support a modification request, but cohabitation alone does not trigger automatic termination.
How long does a Colorado divorce take before I can remarry?
Colorado requires a minimum 91-day waiting period between filing for divorce and finalization, plus 91 days of state residency before filing. An uncontested divorce typically finalizes in 2 to 4 months, while contested cases may take 12 to 18 months or longer. Once final, you may remarry immediately with no additional waiting period required.
What if my remarriage is later annulled in Colorado?
Colorado courts may reinstate spousal maintenance from your first marriage if your remarriage is annulled, based on In re Marriage of Cargill, 843 P.2d 1335 (1993). The Colorado Supreme Court ruled that a void marriage never legally existed, so it cannot trigger maintenance termination. This creates potential liability for back payments if a remarriage proves invalid. Divorce of a subsequent marriage, however, does not restore prior maintenance.
Do I need to live in Colorado to remarry here after my divorce?
No residency requirement exists for obtaining a Colorado marriage license. Anyone may marry in Colorado regardless of where they live. However, your divorce must be legally final in its originating jurisdiction. If you divorced in another state, verify that state's requirements, as some impose remarriage waiting periods that may apply to their residents even when marrying elsewhere.
Can my new spouse be held responsible for my child support from a previous marriage?
A new spouse does not become legally obligated for their partner's existing child support or maintenance payments from prior marriages. Colorado courts generally do not consider new spouse income when calculating child support modifications. However, commingled finances and joint accounts can complicate enforcement. Maintaining separate accounts for support obligations provides clearer financial boundaries.