C.R.S. Section 14-10-111
Declaration of invalidity

(1)

The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:

(a)

A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances.

(b)

A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.

(c)

A party was under the age as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law.

(d)

One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.

(e)

One or both parties entered into the marriage under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress.

(f)

One or both parties entered into the marriage as a jest or dare.

(g)

The marriage is prohibited by law, including the following:

(I)

A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

(II)

A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;

(III)

A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures;

(IV)

A marriage which was void by the law of the place where such marriage was contracted.

(2)

A declaration of invalidity under subsection (1) of this section may be sought by any of the following persons and shall be commenced within the times specified, but in no event may a declaration of invalidity be sought after the death of either party to the marriage, except as provided in subsection (3) of this section:

(a)

For the reasons set forth in either subsection (1)(a), (1)(d), (1)(e), or (1)(f) of this section, by either party to the marriage who was aggrieved by the conditions or by the legal representative of the party who lacked capacity to consent no later than six months after the petitioner obtained knowledge of the described condition;

(b)

For the reason set forth in subsection (1)(b) of this section, by either party no later than one year after the petitioner obtained knowledge of the described condition;

(c)

For the reason set forth in subsection (1)(c) of this section, by the underage party, his parent, or his guardian, if such action for declaration of invalidity of marriage is commenced within twenty-four months of the date the marriage was entered into.

(3)

A declaration of invalidity, for the reason set forth in subsection (1)(g) of this section, may be sought by either party; by the legal spouse in case of bigamous, polygamous, or incestuous marriages; by the appropriate state official; or by a child of either party at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative, executor, or administrator of the estate or prior to six months after an estate is closed under section 15-12-1204, C.R.S.

(4)

Repealed.

(5)

Marriages declared invalid under this section shall be so declared as of the date of the marriage.

(6)

The provisions of this article relating to the property rights of spouses, maintenance, and support of and the allocation of parental responsibilities with respect to the children on dissolution of marriage are applicable to decrees of invalidity of marriage.

(7)

No decree shall be entered unless one of the parties has been domiciled in this state for thirty days next preceding the commencement of the proceeding or unless the marriage has been contracted in this state.

Source: Section 14-10-111 — Declaration of invalidity, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑10‑101
Short title 14‑10‑102
Purposes - rules of construction 14‑10‑103
Definitions and interpretation of terms 14‑10‑104
Uniformity of application and construction 14‑10‑104.5
Legislative declaration 14‑10‑105
Application of Colorado rules of civil procedure 14‑10‑106
Dissolution of marriage - legal separation 14‑10‑106.5
Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law 14‑10‑107
Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement 14‑10‑107.5
Entry of appearance and notice of withdrawal by delegate child support enforcement unit 14‑10‑107.7
Required notice of involvement with state department of human services 14‑10‑107.8
Required notice of prior restraining, civil protection, or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation 14‑10‑108
Temporary orders in a dissolution case 14‑10‑109
Enforcement of protection orders 14‑10‑110
Irretrievable breakdown 14‑10‑111
Declaration of invalidity 14‑10‑112
Separation agreement 14‑10‑113
Disposition of property - definitions 14‑10‑114
Spousal maintenance - advisory guidelines - legislative declaration - definitions 14‑10‑115
Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions 14‑10‑116
Appointment in domestic relations cases - representation of the best interests of the child - legal representative of the child - disclosure - short title 14‑10‑116.5
Appointment in domestic relations cases - child and family investigator - disclosure - background check 14‑10‑117
Payment of maintenance or child support 14‑10‑118
Enforcement of orders 14‑10‑119
Attorney’s fees 14‑10‑120
Decree 14‑10‑120.2
Ex-parte request for restoration of prior name of party 14‑10‑120.3
Dissolution of marriage or legal separation upon affidavit - requirements 14‑10‑120.5
Petition - fee - assessment - displaced homemakers fund 14‑10‑121
Independence of provisions of decree or temporary order 14‑10‑122
Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions 14‑10‑123
Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions 14‑10‑123.3
Requests for parental responsibility for a child by grandparents 14‑10‑123.4
Rights of children in matters relating to parental responsibilities 14‑10‑123.6
Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services 14‑10‑123.7
Parental education - legislative declaration 14‑10‑123.8
Access to records 14‑10‑124
Best interests of the child 14‑10‑124.4
Family time for grandparents or great-grandparents - legislative declaration - definitions 14‑10‑124.5
Disputes concerning grandparent or great-grandparent family time 14‑10‑125
Temporary orders 14‑10‑126
Interviews 14‑10‑127
Evaluation and reports - training and qualifications of evaluators - disclosure 14‑10‑127.5
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions 14‑10‑128
Hearings 14‑10‑128.1
Appointment of parenting coordinator - disclosure 14‑10‑128.3
Appointment of decision-maker - disclosure 14‑10‑128.5
Appointment of arbitrator - de novo hearing of award 14‑10‑129
Modification of parenting time 14‑10‑129.5
Disputes concerning parenting time 14‑10‑130
Judicial supervision 14‑10‑131
Modification of custody or decision-making responsibility 14‑10‑131.7
Designation of custody for the purpose of other state and federal statutes 14‑10‑131.8
Construction of 1999 revisions 14‑10‑132
Affidavit practice 14‑10‑133
Effective date - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 14-10-111’s source at colorado​.gov