| Legal MattersInvalidity Of Marriage (Annulment)
| "Annulment" is not a term that is used by domestic relations courts in Colorado. Rather, in Colorado a marriage can be declared invalid by a court of law based on certain very specific statutory criteria. A declaration of invalidity of marriage results in the marriage being declared invalid from its beginning – which is the result that most people think of when they request an annulment.
An action for invalidity of marriage may be brought by either one of the parties to the marriage, a legal representative of a party who may not be competent, or by the parents or legal guardians of one of the parties. Sufficient legal grounds for a declaration of invalidity of marriage include:- Lack of legal capacity due to mental incapacity because of infirmity or to the influence of drugs/alcohol
- Physical incapacity to consummate the marital relationship
- Being underage and having not received the consent of a parent or guardian
- Marriage based on fraudulent act or representation, which goes to the essence of the marriage
- Duress, for example by force or threat, from the other party or a third party
- Entering the marriage as the result of a joke or dare
- When the marriage otherwise would be prohibited by law, such as when someone who is not legally divorced gets married again, or marriage between close relatives such as an uncle and niece or a sibling (brother or sister)
Children born of annulled marriages are considered legitimate in the eyes of the law and both biological parents are required to support the child. However, paternity may be challenged and either proved or disproved by way of genetic blood tests.
Depending on the legal basis for seeking a declaration of invalidity of marriage, the time during which a case may be filed with the court (the statute of limitations) is generally between six months and two years.
Please contact one of the family law attorneys at Jorgensen, Brownell & Pepin to discuss this option more fully. |
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