Identify the Grounds: The Ways to Get a Declaration of Invalidity

Man and woman filed for annulmentCivil annulments and divorces are similar in the way they determine the marital status of a couple. However, the biggest difference between the two is that a divorce ends a marriage valid in the eyes of the law. On the other hand, an annulment declares a marriage invalid, meaning it never occurred in the first place. Each state has their own laws regarding annulment, knowing the grounds allow couples to determine the legal steps to take.

Grounds for the Invalidity of a Marriage

Before a person can acquire a declaration of invalidity in Colorado, they must be a resident for at least 30 days before starting the legal process. This is not applicable to couples married in the state. Spouses looking for annulment must also meet deadlines or statutes of limitation or else they will not obtain a declaration of invalidity.

Some of the grounds that allow a couple to get the declaration include:

  • If one of the spouses is physically incapable of having sex, the husband or wife must file for the declaration within a year.
  • If one of the spouses was incapable of giving consent because of intoxication or a mental illness, the husband or wife has six months to file for the declaration.
  • If the marriage was due to fraudulent acts, either spouse must file for the declaration within six months.
  • If the marriage was the result of a dare or joke, either spouse must file within six months.

These are only some of the grounds for getting a declaration of invalidity. Consulting with a family law attorney from Colorado Springs, CO allows couples to determine the next steps to take in the legal process.

What are the Effects of a Voided Marriage?

Some people have worries after annulling their marriage, one of which is the questioning the paternity of their child. This may be an issue in other states but not in Colorado, state law upholds the legitimacy of a child born from a void marriage.

A declaration of invalidity is different from divorce; the former deems a marriage invalid. Determine if this were the course you would like to take if you deem your marriage irreconcilable for whatever reason.