Can Someone Else Go to the License Appointment for You?

A denied visa, a missed flight, a work conflict: none of those qualify, no matter how genuinely one of you is stuck. Colorado’s statute names exactly two situations it applies to, and it’s worth knowing both before you assume this could bail you out of a scheduling problem.

Who qualifies

C.R.S. § 14-2-109(2)(b) limits proxy marriage to two specific situations: the absent party must be either a member of the US armed forces stationed elsewhere in support of a combat or military operation, or a government contractor (or their employee) working in support of the armed forces away from home. Both parties also need to be 18 or older. If your reason for one of you not being able to attend is something else (a denied visa, a flight you couldn’t get, a work conflict), this specific process isn’t designed for that situation, and you shouldn’t assume a county clerk will accept it as a substitute.

There’s one more route, less commonly used: if the person solemnizing the marriage isn’t satisfied that the absent party genuinely can’t attend and has consented, the statute allows the couple to petition the district court directly for an order permitting proxy marriage. The statute doesn’t spell out the petition procedure in detail beyond authorizing the court to issue that order, so this would mean involving a court and likely a family law attorney, not something to attempt as a DIY workaround.

How it works, if you do qualify

Only one party may be absent; both of you can’t do this at the same time. The mechanics:

1. The present party appears in person at the county clerk’s office to apply for the license and pay the fee, the same as any other applicant.
2. The absent party completes an Absentee Affidavit, a form that must be filled out completely and then notarized. (Boulder County publishes a specific version of this form if you want to see the exact layout other counties tend to mirror.)
3. A copy of the absent party’s photo ID, as presented to the notary at the time the affidavit was notarized, goes with the affidavit.
4. The present party brings the notarized affidavit and the ID copy to the appointment along with their own identification.

See where to find a notary for how notarization works if the absent party needs to get this done from outside Colorado, or outside the US entirely.

The practical takeaway

If neither of you has a military or government-contractor reason for being absent, plan on both of you appearing together; that’s the standard path this entire site otherwise assumes. This proxy process is a narrow accommodation, not a general-purpose fix for travel logistics, and treating it as one risks a wasted trip to the clerk’s office if your specific county doesn’t accept the reason.