In 1971 Colorado revamped its approach to family law by adopting the Uniform Dissolution of Marriage Act. Not only did this law change divorces to dissolutions and gave us the concept of “No-Fault”, it also replaced the term annulment with “Declaration of Invalidity”. The approach that Colorado adopted narrowed the definition of an invalid marriage to the point that few people can end their marriages with a Declaration of Invalidity.
A declaration of invalidity can be used in cases where a person was:
- Unable to consent to the marriage because of mental infirmity or incapacity. The incapacity can be caused by drugs or alcohol.
- Unable to consummate the marriage and the other partner did not know of the problem.
- Married based on a fraudulent representation of the other party that pertained to the basis of the marriage.
- Married under duress caused by the other party or a third party.
- Married as part of a jest or dare.
The action for Declaration of Invalidity for these reasons must be filed within six months of discovering the reason. If a person finds out that their partner could not consummate the marriage, he must file the action within 6 months of discovery of the problem. If he does not file within six months, a dissolution is the only remedy.
The statute, Colo. Rev. Stat. 14-10-111, provides that some marriages are prohibited. These marriages are between close relatives or in cases of bigamy. Bigamous marriages are surprisingly common in Colorado because common law marriages can be created here. This means that valid marriages can be created without a ceremony but can only be ended by dissolution. Often a person creates a marriage but does not realize that they must follow the same dissolution procedures as if they were married in a ceremony.
A second common law marriage cannot be created by common law, but a ceremonial marriage that follows a common law marriage without an intervening dissolution of marriage results in bigamy. There is no time restriction for ending a prohibited marriage. Children of the prohibited marriage are considered legitimate and the “innocent” spouse may be treated in a similar fashion to a spouse in a valid marriage.
Annulments are given by some religions, but these actions are separate from and generally follow judicial actions. Most marriages must be ended by petition for dissolution of marriage. If you think you may have a marriage that could be ended by annulment/declaration of invalidity, be sure to contact an attorney immediately to discuss your options.
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