Unlike a dissolution of marriage, which requires only that the marriage be irretrievably broken to proceed, a person seeking a declaration of invalidity of marriage in Colorado must prove one of a number of specific legal grounds which include the following criteria outlined in C.R.S. 14-10-111:
- One spouse lacked the mental capacity to consent at the time of the marriage (e.g. mental incapacity, drugs, or alcohol),
- One spouse lacked the physical capacity to consummate the marriage (i.e. cannot have intercourse), and the other did not know this at the time of marriage,
- One spouse was under the age to consent to marriage (18, or 16 with consent, for a Colorado marriage) and did not have consent from parents, guardians, or a Colorado family law court to marry,
- One spouse married because of the other’s fraudulent act or misrepresentation which went “to the essence of the marriage”,
- One spouse married under duress,
- One spouse married as a jest or dare, or
- The marriage was void due to: bigamy/polygamy, incest (ancestor & descendant, siblings, uncle & niece, or aunt & nephew), or any other reason under the laws of the place where the marriage was entered into.
Lynn Landis-Brown is a Family Lawyer in Colorado Springs, Colorado, where she founded Lynn Landis-Brown P.C. She listens compassionately and understands your legal, emotional and financial concerns due to her own experiences of divorce from her parents divorcing, her own divorce and now as a step-grandmother. With her background in litigations, she has great experiences with fighting for your rights in the courtroom.