Colorado laws on Invalid Marriages

Invalid Marriages in Colorado

A divorce isn't the only way for a marriage to come to an end in Colorado. Under a declaration of invalidity, the marriage is legally considered to have never happened in the first place. However, other aspects of a divorce still need to be addressed such as parental responsibilities as well as property rights.

There are many cases in which a marriage may be declared invalid under the Colorado revised statutes, and each of these has a time limit within which the appeal for the declaration of invalidity may take place. There are two broad categories of such circumstances. The first is where certain conditions are fulfilled where the law has decided that a marriage is best not continued, and the second is where the law prohibits such marriages outright.

Conditions for declaration of invalidity

In order to protect the wellbeing of the persons involved, several circumstances exist under which an aggrieved party can seek a declaration of invalidity. In these cases, the appeal must be made within six months of the petitioner getting to know about these circumstances. For example, when one of the parties was under the influence of a substance that affected their judgment, or they were mentally incapable of consenting to the union.

Another case is where one party lies to the other about a situation that "goes to the essence of the marriage itself." Also, a marriage can be declared invalid if either party was under duress from a third party. And finally, a separate circumstance is assigned to the condition where the marriage was a result of a dare or a jest!

In case one of the parties is physically unable to have sexual intercourse without the knowledge of the other when the marriage took place, the marriage can be declared invalid if less than a year has passed since the petitioner found out.

Prohibition by law

Special conditions exist which prevent the marriage under any circumstances such as the two parties being close relatives. In such a situation, a marriage can be declared invalid at any time prior to the death of either one or before the estates are discharged.

However, it's interesting to note that the law recognizes the children resulting from even an invalid marriage as legitimate. This is in keeping with the state policy of not punishing the children for the errors of the parents.

There are other circumstances that are not covered in this article. To find out if your marriage can really be declared invalid, contact our Clawson & Clawson attorneys for a free consultation. We will give you proper advise and best instruct you how to proceed.