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.
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