What are the Grounds for Annulment in Colorado?

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:

1. One spouse lacked the mental capacity to consent at the time of the marriage (e.g. mental incapacity, drugs, or alcohol),
2. 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,
3. 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,
4. One spouse married because of the other’s fraudulent act or misrepresentation which went “to the essence of the marriage”,
5. One spouse married under duress,
6. One spouse married as a jest or dare, or
7. 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.