Declaration of Invalidity
The law in Colorado uses the term, “Declaration of Invalidity” and not the term, “Annulment” to describe a legal situation where the party who has filed his or her petition believes that the marriage should be declared invalid. This is a type of proceeding where a party challenges the validity of that person’s marriage on specific grounds. There are rare factual conditions that would allow for the granting of this type of relief. The most common factual grounds to establish the basis for an annulment or invalidity of marriage, is where one of the parties was married to someone else, at the time the parties married each other.
Example Annulment Case
Here is an example: Tom and Mary were married in the courthouse in Castle Rock, on May 12, 2000. About 5 years later, Mary found out that Tom was married to Lisa in a ceremony in 1995, but that Tom did not obtain a divorce from Lisa. Therefore, at the time Tom and Mary were married, Tom was still married to someone else. Clearly, Tom made a fraudulent representation to Mary when he married her that he was not married to anyone else, when in fact, Tom was indeed still married to Lisa. An experienced divorce or family law attorney will know if the facts fit the requirements of the law that would entitle a party to seek an annulment or to have the marriage declared invalid.
*for those individuals interested in retaining legal counsel and who have the financial means to hire an attorney