Annulment - No Valid Marriage
	Lesson Summary. A party to a marriage ceremony who later believes that the marriage should be declared invalid must bring the case within strict time limits, usually 6 - 24 months after the marriage. The time limits depend on who is bringing the case and the reason for the request. Even if a marriage is decreed to have been invalid, many of the legal consequences of a divorce will still apply.

CRS §14-10-111 allows a court to enter a decree declaring that a marriage is invalid (and never occurred) under the following circumstances:

1. A party lacked the capacity to consent to the marriage, based on incapacity or the influence of alcohol or drugs;

2. A party lacks the capacity to engage in sexual intercourse, and the other party did not know of this at the time the marriage was solemnized;

3. A party is under age and did not have parental consent;

4. A party entered the marriage based on a misrepresentation or other fraudulent act of the other party, where such act goes to the essence of the marriage;

5. A party entered into the marriage under duress exercised by the other party; or

6. The marriage is prohibited by law because:

- a party is married, and did not get a divorce;

- the parties are related by blood; or

- the marriage is void by law at the place where it was solemnized.

If a marriage is declared invalid, then many of the legal rights which a divorced party would get will also apply to a declaration of invalidity. In other words, maintenance (alimony) may be awarded to either party, marital property will be divided by the court, and parenting and child support will apply just as if the parties had been validly married.

A case to determine the invalidity of a marriage can be brought by others, in addition to either party. Including the personal representative of an estate of one of the parties.

Be careful of strict time limitations during which an action for invalidity of marriage may be brought. The time limitations vary, generally between 6 months and 24 months (generally upon learning of the reason for the request for invalidity.) The limitations depend on who is bringing the case and the reasons.

Site Map