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Clerk Services

Marriage Licenses

GUIDELINES FOR OBTAINING A MARRIAGE LICENSE
AND CIVIL UNION IN COLORADO

A license to marry in Colorado may be obtained during regular business hours, in accordance with the requirements outlined below. The license is valid upon issue and must be used in Colorado within 35 days. The fee is $30.00.

AGE REQUIREMENTS

18 and older - No parental consent is required
16 and 17 - Consent of both parents, or parent having legal custody, legal guardian, or judicial approval is required.
Younger than 16 - Consent as listed above AND judicial approval (court order) are required. NO EXCEPTIONS.

IDENTIFICATION REQUIREMENTS

Both parties must furnish valid ID.
Listed are valid forms of ID:
- Passports
- Driver's license
- Birth Certificate

BLOOD TEST REQUIREMENTS

As of July 1, 1989 blood tests are NOT required for either party in the State of Colorado.

SOCIAL SECURITY NUMBERS

Social Security Numbers ARE required on marriage license applications (C.R.S. 14-14-113).

If a party does not have a Social Security Number, the Affidavit Concerning Social Security Number must be completed and submitted at time of application for a marriage license. It may be signed and notarized in advance or signed in front of the County Clerk or Deputy County Clerk at the time of application.

PROHIBITED MARRIAGES / CIVIL UNIONS

One of the parties is still married to another person - all divorces must be final.
Marriage between the following is prohibited regardless of whether the relationship is by half or whole blood:
- ancestor and descendant
- brother and sister
- uncle and niece
- aunt and nephew
Marriage between cousins IS PERMITTED in Colorado.
Civil union licenses are issued to male/female couples or couples of the same sex
Marriage license applications issued by another state are NOT valid for solemnization in Colorado.

WITNESS REQUIREMENTS

Witnesses are NOT required in Colorado. Some clergy, judges, or public officials may request them.

APPLICATION REQUIREMENTS

Both parties must complete and sign the marriage application form. At least ONE of the parties must apply IN PERSON. If one of the parties cannot appear in person, he/she MUST complete an Absentee Affidavit with a notarized signature and provide a copy of valid identification showing proof of age of the absent party.
If either party has been divorced, he/she must recite the date the divorce was finalized, city and state divorce took place, and the type of court. A divorce decree is not required at the time of completing the marriage application.
A couple already married, who wish to renew their marriage vows may obtain a license by stating that they are married to each other.
Applicants for a marriage license need not be Colorado residents.

CEREMONIES

Couples themselves may solemnize their own marriage (C.R.S. 14-2-109). Marriages can also be solemnized by judges, retired judges, magistrates, public officials authorized to perform marriages, or in accordance with any mode of solemnization recognized by a religious denomination or Indian Tribe or Nation. Not anyone can solemnize a marriage. Although the couple may solemnize their own marriage, that does not mean a friend or relative, who is not otherwise authorized to perform marriages can solemnize their marriage. Clergy from out-of-state need NOT be registered in Colorado.

CERTIFICATES

The person solemnizing the marriage shall complete the marriage certificate form and forward it to the Clerk & Recorder's Office within sixty days (60) after solemnizing the marriage. Any person who fails to forward the marriage certificate to the Clerk & Recorder's Office shall be required to pay a $20.00 LATE FEE AND AN ADDITIONAL $ 5.00 LATE FEE may be assessed for each additional day of failure up to a maximum of $50.00.

Please return the completed marriage license to:

Custer County Clerk & Recorder
PO Box 150
Westcliffe, CO 81252

The marriage certificate must include the county and location where the marriage took place, the date of the marriage, the officiating party's signature and the title along with the bride and groom's signatures.

Document Recording Information

Recording

The Clerk and Recorder’s office at 205 S. 6th St. in Westcliffe is open Monday through Thursday from 8 a.m. to 5 p.m. All documents must be recorded by 4:45 p.m., or they will be recorded the following day.

Most recorded documents from 1/1/1981 forward are available at our on-site public search stations or online through iCounty.org. Please note that documents from mid-1967 to the end of 1980 have not yet been digitized. Also, maps and plats are not available through public search or online. Contact the County Clerk & Recorder at 719-783-2441 for information and fees on receiving documents and maps not available on iCounty by email or mail.

Public Search Stations

There is no cost to use the on-site public search stations, though printed copies will be charged $0.25/page. The fees for copies of documents not available in the public search are $0.25/page for letter and legal size, $1.25/page for large documents and $5.00/page for maps.

iCounty Online Search

The rate for iCounty.org is $25 for a 24-hour search + $0.25/printed page. We also offer a monthly rate. Contact the County Clerk & Recorder at 719-783-2441 for information on our monthly rate or the fees for receiving documents and maps not available on iCounty by email or mail.

iCounty.org Tips: For best results, use the Non-Browser version on Microsoft operating systems for faster response and improved printing. Mac or Apple users must use the Browser version.

RECORDING FEES – DOCUMENTS

Most recordings are $13.00 for the first page and $5 for each additional page. A page is considered to be one side of a document only. We do offer notary services on-site for $5/document.

If the purchase price of a property is $500 or more, a Transfer Declaration (TD1000) must also be submitted with an additional document fee of $0.10 per $1,000. For example, a $250,000 deed would be charged an additional $25.00 document fee. However, there is no per-page fee for the TD1000 form.

If a mining claim is included in the legal address section of a document, the recording fees are $8.00 for the first page and $5 for each additional page + $0.25 per mining claim mentioned in the document. For example, a two-page document with three mining claims would be $13.75.

Call 719-783-2441 with any questions on document fees. Documents may be mailed with a check (made out to “CC Clerk”) to:

Custer County Clerk & Recorder
P.O. Box 150
Westcliffe, CO 81252

For FedEx or UPS, mail to:
205 S. 6th Street
Westcliffe, CO 81252

RECORDING FEES – MAPS

Deposited Surveys (Surveyors) = $20.00

Recorded Surveys = $13.00 for the first page and $5.00 for each additional page
Mylar maps are highly preferred.

Call 719-783-2441 with any questions on map fees and services.

Motor Vehicles

The Custer County Motor Vehicle Department is responsible for vehicle registration, titling and issuing license plates. A form of identification may also be required if a title or duplicate title is to be printed in the office.

Fees are required at time of registration of any vehicle. Fees are based on several factors, such as: type of plate requested, date of purchase, weight of vehicle, year of vehicle, manufacturers suggested retail price or taxable value of vehicle.

Proof of Insurance is required at the time of registering a vehicle. In 1998, HB1213 was enacted. This law which was effective July 1999, request that the County Clerk and Recorder's Office deny vehicle registration if proof of insurance is not provided. This law was enacted to ensure that Colorado motorists comply with the mandatory auto insurance laws. The intent of the law is to reduce the rising number of uninsured drivers and vehicles in Colorado. Accepted forms of proof of insurance are:

A letter from your insurance agent or insurer on company letterhead verifying insurance coverage.
The declaration page from the insurance policy.
An insurance binder or policy.
An insurance card for your vehicle.

Any of the above forms of proof of insurance must include:

The effective dates of coverage.
The vehicle identification number.
The make and year of the vehicle.
The date of expiration.

Proof of insurance is also required on a temporary permit.

Effective July 1, 2006, Secure and Verifiable Identification is required for most motor vehicle transaction. The following types of identification are considered secure and verifiable:

Any Colorado driver license, Colorado driver permit or Colorado identification card expired one year or less. (Temporary paper license with invalid Colorado driver's license, Colorado driver's permit or Colorado identification card, expired one year or less, is acceptable.)
Out of state issued photo driver's license, photo identification card or photo driver's permit expired one year of less.
U.S. Passport expired less than ten years.
Valid foreign passport with I-94 or valid processed for I551 stamps.
Valid I551 Resident Alien/Permanent Resident Card. No border crosser or USA B1/B2 Visa/BCC cards.
Valid 1688 Temporary Resident, I688B and I766 Employment Authorization Card with intact photo.
Valid U.S. Military I.D. (active duty, dependent, retired, Reserve and National Guard).
Tribal Identification Card with intact photo (U.S. or Canadian).
Certificate of naturalization with intact photo.
Certificate of U.S. Citizenship with intact photo.

Sales tax is based on the purchase price of a vehicle and the owner's resident address that is used on the title assignment or title work done by the dealership. All residents of Custer County will pay 2.9% state sales tax on the purchase price of the vehicle along with a 2% county use tax. If you live in the city limits of Silver Cliff, you will pay an additional 2% use tax. If both the buyer and seller live within the city limits of Westcliffe a 2% city sales tax will also be due.

We accept Visa, MasterCard, Discover, and American Express. Our office also accepts personal checks.

Special Mobile Machinery

Basic Information on Special Mobile Machinery:

Special Mobile Machinery vehicles are of a design commonly used in the construction business. These vehicles, self propelled or otherwise, and are not designed to transport persons or cargo over the public highways.

Motor vehicles which have been redesigned or modified with attachment of SMM (over 500 pounds), and this attachment becomes an essential part of the operation for which the vehicle was intended, will be classified a Special Mobile Machinery.

If the SMM equipment is used solely on property owned or leased by the SMM owner, the equipment must be registered on the personal property tax schedule filed with the County Assessor or the County Motor Vehicle Department.
If the SMM equipment is used in a business and is moved from one job site to another, whether pulled, hauled, or driven, the equipment must be registered in the county where the equipment is housed. It must be registered through the County Motor Vehicle Department.

SMM REGISTRATION EXEMPTIONS:

SMM equipment owned by the United States Government or agency thereof.
SMM equipment that is used solely on property owned or leased by the SMM owner, and appears on the personal property tax schedule filed with the County Assessor.
Tow dollies and converter gears/converter dollies are not required to be registered in Colorado.
Equipment weighing 500 pounds or less.
Farm equipment not being used commercially.

SMM Equipment that is titled:

Titling is mandatory for SMM equipment, which is constructed on a truck or trailer chassis and is designed and intended to be used over the highway. The addition of the SMM, either through manufacture or modification, will cause the final vehicle to be classified as SMM. The body style of the SMM should be that of the chassis on which it is mounted, truck or trailer. This category includes complete vehicles, which have been redesigned or modified by addition of equipment.

SMM equipment that has wheels mounted directly to the machinery shall be titled as trailers and registered as SMM.

NON-TITLED SMM:

Vehicles that run on their own power such as: road graders, back hoes, fork lifts, scrapers, front end loaders and caterpillars, etc. are not titled because they are not built on a chassis that is designed and intended to be used over the highway.

SMM REGISTRATION CATEGORIES

Equipment mounted on a truck or trailer chassis must be titled and registered. One of the following documents is required to register all NON-TITLED SMM equipment:

Title or MSO
Bill of Sale
Equipment Invoice
Affidavit of Ownership
Previous owner's registration with proof of purchase

In order to register the equipment properly, you need to know the year, make, model, VIN or serial number, purchase date and purchase price.

PLATED SMM:

SMM equipment which is constructed on a truck or trailer chassis that is designed and intended to be used over the highway.

Self propelled
Rubber tires
Permanently mounted to a trailer
Pulled or driven over the highways
Vehicle with permanently mounted SMM equipment must have the same manufacture year
Office trailer 8 ½ feet wide or less

A vehicle with attached SMM equipment, that transports cargo other than the tools to service the unit, can't be issued an SMM plate.

SMM DECALS:

SMM equipment on tracks or a specifically built chassis for specialized construction jobs.

Self propelled with tracks
Always hauled to destination
Office trailer 8 ½ feet wide and over - oversized permit must be obtained from CDOT (Colorado Department of Transportation)
SMM equipment mounted to a truck or trailer different from the manufacture year.