14-2-110. Prohibited marriages.

Statute text

(1) The following marriages are prohibited:

(a) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties;

(a.5) A marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same two parties;

(b) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;

(c) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.

(2) Repealed.

History

Source: L. 73: R&RE, p. 1019, 1. C.R.S. 1963: 90-1-10. L. 78: (1)(b) amended, p. 262, 47, effective May 23. L. 93: (1)(a) amended, p. 438, 4, effective July 1. L. 2016: (1)(a.5) added, (SB 16-150), ch. 263, p. 1080, 3, effective June 8. L. 2018: (2) repealed, (SB 18-095), ch. 96, p. 753, 5, effective August 8.

Annotations

Cross references: (1) For criminal penalties for the offense of bigamy, see 18-6-201; for criminal penalties for the offense of incest, see 18-6-301.

(2) For the legislative declaration in SB 16-150, see section 1 of chapter 263, Session Laws of Colorado 2016. For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.

Annotations

 

ANNOTATION

Annotations

Law reviews. For note, "The Serbonian Bog of Miscegenation", see 21 Rocky Mt. L. Rev. 425 (1949). For article, "The Incestuous Marriage -- Relic of the Past", see 36 U. Colo. L. Rev. 473 (1964). For comment, "Adoptive Sibling Marriage in Colorado: Israel v. Allen", see 51 U. Colo. L. Rev. 135 (1979). For article, "Same Sex Marriages: Should the CBA Take a Position," see 25 Colo. Law. 7 (April 1996).

Putative spouse entitled to legal spouse's right to workmen's compensation. While it is true that a marriage entered into prior to dissolution of a previous marriage is prohibited in Colorado, an innocent party to such a marriage is not deprived of the rights conferred upon a legal spouse. As a putative spouse, upon the other person's death, she acquires the legal spouse's right to workmen's compensation. Williams v. Fireman's Fund Ins. Co., 670 P.2d 453 (Colo. App. 1983).

A common law marriage cannot be found where decedent knew that plaintiff was legally married to someone not the decedent at the time the decedent died despite anything decedent may have said regarding an intention to marry plaintiff and plaintiff's acquisition of a retroactive divorce after decedent died. The court will not speculate as to what the decedent might have intended regarding marriage had he been aware of the removal of the legal disability during his lifetime. Crandell v. Resley, 804 P.2d 272 (Colo. App. 1990).

Belief by parties that they had entered into a "religious" or "celestial" marriage does not establish putative spouse status if parties were aware that plaintiff was still legally married to someone else at the time of the "celestial" marriage. Combs v. Tibbitts, 148 P.3d 430 (Colo. App. 2006).

A party may not attain putative spouse status if a court determines that no common law marriage existed and no other impediment to a legal marriage existed. In re Parental Responsibilities of D.P.G., 2020 COA 115, 472 P.3d 567.