In contrast to other states, Colorado does not have a formal court proceeding for an “annulment of marriage.” Nonetheless, you may seek a “declaration of invalidity” from a judge, which is comparable to an annulment. Should the judge approve your request, it will establish that your marriage was never legally valid. Colorado allows people to request a declaration of invalidity based on several grounds.
1. Lack of Capacity to Consent – If one of the spouses lacked the mental capacity to consent at the time of the marriage due to mental problems or intoxication.
2. Inability to Consummate the Marriage – If one spouse lacks the physical ability to consummate the marriage through sexual intercourse, and the other spouse was unaware of it at the time of marriage.
3. Underage Marriage – If one of the spouses was underage at the time of marriage and failed to obtain consent from a parent, guardian, or a Colorado judge.
4. Marriage Through Fraud – If one spouse perpetrated a fraud to deceive the other spouse into agreeing to the marriage, which goes to the heart of the marriage relationship.
5. Marriage Under Duress – If one or both spouses were forced or coerced into marrying each other.
6. Marriage as a Joke or Dare – If one or both spouses only agreed to marry each other as a prank or a challenge.
7. Prohibited Marriage – If the marriage is bigamous or the spouses are related by blood, which is prohibited by Colorado law.
To initiate the process of obtaining a declaration of invalidity, the person must be a resident of Colorado for at least 30 days before filing the case in court. The Colorado Judicial Branch provides forms and instructions to guide the person through the process, which they must complete and file at the district court in the county where they live. It’s crucial to follow the instructions correctly to avoid missing deadlines, also known as statutes of limitation, which can affect the outcome of the case. Learn more about declarations of invalidity in Colorado.
In a Colorado declaration of invalidity case, the court will apply the same laws that apply to divorce cases, including alimony, property division, and child custody and support laws. It’s advisable to consult with a lawyer before seeking a declaration of invalidity, especially if the person has children.
Modern Family Law’s team of experienced divorce lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. We understand the financial burden a divorce can have on an individual. As such we have created our industry-first SimpleStart™ program, providing people a chance to reduce the amount of money needed upfront to start their case. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.
Annulment
Declarations of Invalidity (Annulments) In WashingtonWhile divorce is the most common means of ending a marriage, certain situations call for a different approach: a declaration of invalidity, often referred…
Annulment
How Long Can You Be Married And…When it comes to ending a marriage, most people think of divorce. However, there is another option for some: annulment. While both annulment and…
Separation
Divorce vs. Annulment vs. Legal SeparationIn the intricate web of personal relationships, the paths that lead couples to untangle their lives are as unique as the bonds that once…