What Is A Declaration of Invalidity?
An annulment — also known as a declaration of invalidity — is an alternative to divorce in Colorado which you can obtain in specific circumstances such as fraud. An annulment goes a step beyond divorce. When a marriage is annulled, it is as if the marriage never took place.
At The Offices of Keane Law, LLC, in Boulder, our attorneys can advise you whether an annulment is an option in your case. We offer a free 30-minute consultation to answer your questions.
When Can I Obtain An Annulment?
In Colorado, you can seek an annulment only in the following circumstances:
- You were incompetent or under the influence of a substance at the time of the marriage.
- You lacked the capacity to consent to marriage.
- Your spouse lacked the capacity to consummate the marriage.
- One of the parties was under the legal age for marriage approved by law. In Colorado, you cannot marry under the age of 16. From age 16 until your 19th birthday, you need your parents’ consent.
- You entered into marriage in reliance on a fraudulent act or misrepresentation. The misrepresentation or fraud must go to the essence of the marriage.
- You entered into marriage under duress.
- You entered into the marriage as a jest or dare.
- The marriage is prohibited by law (for example, because you married a cousin or your spouse was already married).
There is a time limit for certain annulment grounds, so you should contact a lawyer as soon as possible.
The annulment process is almost the same as the divorce process in Colorado.
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You may also contact The Offices of Keane Law, LLC, online to schedule a free 30-minute consultation to determine if the annulment process is right for you.