Marriage Annulment in Colorado
Divorce Papers » Marriage Annulment in Colorado
The legal term for annulment in Colorado is the 'Declaration of Invalidity of Marriage'. It is a relatively uncommon procedure owing to the intricacies and complexities involved in citing and proving the grounds for annulment.
Annulment in Colorado is not a simple option for people who do not want to opt for divorce for either, social, financial, emotional or religious reasons. In fact, one has to be eligible to get an annulment in Colorado. The process of annulment is similar to the divorce or legal separation process in Colorado.
There are some specific grounds which need to be cited and proved in order to get an annulment. Besides, there are time frames specified for each of these grounds. If the parties fail to file for an annulment within the given deadline, they must file for divorce in order to end the marriage.
Grounds for Annulment in Colorado:
The grounds for annulment in Colorado have been described by the statute of the Colorado. An annulment is a rare occurrence owing to the complexity of the grounds and the time frame which is supposed to be followed for filing for the annulment.
Let us have a look at these grounds:
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Mental Incapacity to Consent - When either of the spouses were too inebriated to have known what they were doing, such a marriage is considered as void and has to be annulled. The conditions such as intoxication, being under the influence of drugs, alcohol or medications, being in a inebriated state or any other condition ,which renders them unable to make any logical decision; let alone marriage. Such conditions are considered as mental incapacity to give one's consent to a marriage and such a marriage has to be annulled.
The time frame to file for an annulment of such a marriage is 6 months and the petition can be filed by the aggrieved spouse who was not aware of this condition while getting married. Physical Inability to Consummate the Marriage - If a person is unable to consummate the marriage due to physical incapacity such as impotency, inability to perform the sexual act or any other conditions which hinders the consummation of marriage is a serious ground for annulment in Colorado. However, it is a requirement that the other spouse must be unaware of this fact until after the marriage.
If the marriage was performed with mutual understanding with the awareness of this inability to both the parties, there is no ground for annulment. The divorce is the only option in such case. The time frame for filing the annulment on this ground is one year and only the aggrieved spouse can file for it.
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Underage Marriage - The legal marriageable age in the state of Colorado is 18 without parental consent and 16 with it. If either of the spouse is under the legal marriageable age during the marriage, such a marriage has to be annulled. The spouse being underage is one of the firm grounds for obtaining annulment in Colorado.
The time frame for filing for annulment is two years and the underage spouse or his / her parents or guardians can file for the same.
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Fraud or Misrepresentation - If the marriage was entered by fraudulent behavior or misrepresentation by a person to lure the other person into the marriage, such a marriage is considered and fraud or misrepresentation.
There are many reasons to enter a fraudulent marriage such as securing a citizenship, covering up a crime, change of identity to escape conviction of felony, posing as a different person to avoid introspection etc.
The time limit for filing the annulment in such cases is 6 months and the wronged spouse only can file for annulment on these grounds in the state of Colorado.
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Force or Duress - Forcing a person to enter a wedlock by holding them at gunpoint or knife point, threatening them to hurt their family or self or coercing them by any other means is considered as duress or force. The marriage entered in these conditions cannot be considered as an ideal marriage and thus has to be annulled.
The basic principle of a marital relationship is free consent of both the partners, which contributes to a happy and meaningful relationship which is undermined by the acts of force such as threats.
The time frame for nullifying this type of marriage is six months and the wronged spouse can only file for the annulment on the grounds of force or duress.
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Proxy Marriage - If the marriage was entered under the pretext of a joke or as a challenge in the game of truth and dare, such marriage is not true and thus, can be annulled. Also, if the spouses were not serious about the marriage they were entering, it can be considered as a proxy marriage.
The time frame for filing for an annulment in case of a proxy marriage is 6 months and the spouse who entered the marriage in a good faith can file for annulment.
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Prohibited Marriage - According to the statute of Colorado, incestuous marriages or bigamous and polygamous marriages are considered as prohibited marriages. As these marriages are prohibited by the court of law, they are illegal and may carry a sentence. These marriages can be annulled on the mere grounds that they exist as they are not supposed to be.
The time limit for filing the annulment petition on these grounds is any time before either of the spouse's death or the settlement of their estate. The petition can be filed by either of the spouse, their children or in case of bigamy and polygamy, the original legal spouse can file for an annulment.
The residency requirement is 30 days and the petition for annulment in Colorado can be filed by the specific people mentioned and the given time frame only.
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