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Instead of divorce, can a marriage be made invalid in Colorado?

Coloradoans who have decided that their marriage is not working out can part ways and get a divorce. In such a circumstance, there is generally no reason to invalidate the marriage completely as if it never happened. However, in some instances, the parties would like to have the marriage declared invalid. There are certain situations in which this can happen. People who want their marriage invalidated should understand the law and have legal assistance in making the goal a reality.

A marriage will be deemed invalid if one party did not have the capacity to give consent when the marriage took place. This can be because the person did not have the mental capacity or was infirm or because he or she was under the influence of an incapacitating substance at the time. The marriage might not have been consummated through sexual intercourse due to a lack of physical capacity to do so with the other party not knowing of this issue when the marriage took place - this is a reason to declare a marriage invalid. A person who was under the age of consent based on the law and did not have the consent of parents or a guardian or approval from the judiciary cannot legally marry and the marriage can be deemed invalid.

One party or a third party forcing the marriage due to duress will make it invalid. This is true whether the other party was aware of the duress or not. If the marriage took place because of a jest or a dare, it can be declared invalid. Marriages that are prohibited can be invalidated. Examples of prohibited marriages include: getting married while still married to another person; ancestors, descendants or siblings marrying whether they are related by whole or half-blood; uncles marrying nieces or nephews marrying aunts whether it is whole or half-blood; or a marriage that was void by the law where it took place.

When the law is violated as the marriage took place, it is possible for the marriage to be declared invalid. This can be important for a variety of reasons and those who are seeking to invalidate a marriage should understand the steps that must be taken once the criteria to do so is met. Having legal assistance from an experienced Colorado divorce attorney can help to have a marriage declared invalid.

Source: lpdirect.net, "14-10-111. Declaration of invalidity.," accessed on March 13, 2018

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Mary Kay Kramer, P.C.
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