Annulments of marriage in Colorado or what Colorado courts refer to as a declaration of invalidity is not easy to get in Colorado, if the other party contests it. It may take many months of litigation to convince a judge to enter a decree of invalidity. And most of what you read on the Internet about annulment in Colorado is wrong. It’s important to consult with a a seasoned attorney quickly in these types of matters and many divorce attorneys have never experienced litigating this issue.
An annulment is different than a legal separation or a dissolution of marriage proceeding, or what most Colorado family lawyers would simply call a divorce. An annulment proceeding is an action under Dissolution of Marriage Act and governed by same statutory provisions which apply to dissolution proceedings; therefore under one Colorado divorce case, the husband’s filing of motion for declaration of invalidity of marriage after wife had filed for dissolution did not affect husband’s standing to litigate custody and visitation for child who was not his. However, the distinction between a Colorado divorce and an annulment procedure does affect a lot of other things, such as the ability of parties to demand property divisions, spousal maintenance and allocation of debts. It also can affect probate matters and other tangential issues.
In Colorado, under the current law, annulments of marriage are very limited to the following situations
(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances.
(b) A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.
(c) A party was under the age as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law.
(d) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.
(e) One or both parties entered into the marriage under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress.
(f) One or both parties entered into the marriage as a jest or dare.
(g) The marriage is prohibited by law, including the following:
(I) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(II) 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;
(III) 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;
(IV) A marriage which was void by the law of the place where such marriage was contracted.
(2) A declaration of invalidity under subsection (1) of this section may be sought by any of the following persons and shall be commenced within the times specified, but in no event may a declaration of invalidity be sought after the death of either party to the marriage, except as provided in subsection (3) of this section:
(a) For the reasons set forth in either subsection (1)(a), (1)(d), (1)(e), or (1)(f) of this section, by either party to the marriage who was aggrieved by the conditions or by the legal representative of the party who lacked capacity to consent no later than six months after the petitioner obtained knowledge of the described condition;
(b) For the reason set forth in subsection (1)(b) of this section, by either party no later than one year after the petitioner obtained knowledge of the described condition;
(c) For the reason set forth in subsection (1)(c) of this section, by the underage party, his parent, or his guardian, if such action for declaration of invalidity of marriage is commenced within twenty-four months of the date the marriage was entered into.
(3) A declaration of invalidity, for the reason set forth in subsection (1)(g) of this section, may be sought by either party; by the legal spouse in case of bigamous, polygamous, or incestuous marriages; by the appropriate state official; or by a child of either party at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative, executor, or administrator of the estate or prior to six months after an estate is closed under section 15-12-1204, C.R.S.
(4) Children born of a marriage declared invalid are legitimate.
(5) Marriages declared invalid under this section shall be so declared as of the date of the marriage.
(6) The provisions of this article relating to the property rights of spouses, maintenance, and support of and the allocation of parental responsibilities with respect to the children on dissolution of marriage are applicable to decrees of invalidity of marriage.
(7) No decree shall be entered unless one of the parties has been domiciled in this state for thirty days next preceding the commencement of the proceeding or unless the marriage has been contracted in this state.
For a free telephone consultation about Annulments of Marriage in Colorado please call today! 303-688-3045 or contact us.
