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Colorado Annulment

Depending on the circumstances of the divorce, some couples may choose annulment instead of divorce. If a marriage is annulled, it's as if it never existed because it wasn't legal according to state law. Colorado divorce courts will allow a marriage to be declared invalid if it meets one of the following criteria:

  • One of the spouses was unable to agree to the union at the time of the marriage. This may be because he or she was under the influence of alcohol, drugs or other incapacitating substances or was mentally incapable.
  • Either of the spouses were physically incapable of consummating the marriage through sexual intercourse, and the other spouse was unaware of the spouse's incapacity at the time of the marriage.
  • One of the parties was under the legal age and didn't have consent of his or her parents, legal guardian or judicial approval.
  • If the spouses married as a joke or on a dare.
  • One of the spouses entered the marriage under the duress of the other spouse or a third party. It doesn't matter whether the other spouse knew about the exercise of duress.
  • If one party was induced into the marriage through fraud or misrepresentation of the other party.

According to Colorado law, there are some circumstances where the marriage is prohibited. In the following situations, the marriage will also be declared invalid:

  • The marriage happened before the dissolution of either spouse's previous marriage.
  • If the marriage was between a ancestor and descendant or a brother and sister. It doesn't matter if the spouses are half or whole blood.
  • A marriage between an uncle and niece or an aunt and nephew, whether the relationship is by half or whole blood. There is an exception when the marriage is allowed by an established custom of an aboriginal culture.
  • If the marriage was void by law of the place where the marriage happened.

To learn more about whether your marriage is considered invalid by the Colorado divorce courts, speak with a local Colorado divorce lawyer. You can also find out more about whether Colorado accepts legal separation and how to define workable terms. Find a Colorado divorce lawyer near you by calling 877-349-1310 or filling out a Colorado divorce case review. Get your questions answered today.

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The above synopsis of Colorado divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Colorado divorce lawyer in your area.

Colorado divorce laws were last updated April 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.