How does annulment work in Colorado? In Colorado, an annulment is called an invalidity of marriage and it requires a petition be filed with the court, and it requires the court to hold a hearing to determine whether or not the marriage is going to be declared invalid. I can give you a couple of examples of typical cases involving an invalidity of marriage.
In the past, I have met with a client who told me that after going out partying with her friends she met this guy, they decided to continue their relationship, and that they spent the next several days partying. In other words, they were intoxicated throughout the partying event that took place, and that they met with a pastor who was a friend of a friend, who officiated their wedding ceremony. The only problem was that at the time that they both went before the pastor to get married, both of them were intoxicated, both of them had high levels of alcohol and drugs in their system, and that they didn’t really realize what it is that they had done until it was all over with. So, an invalidity of marriage petition could be filed with both of the parties saying, “Well, we got married under these circumstances that indicated that our free will was taken away by our use of drugs and intoxicants.”
Another example of an invalidity of marriage is where I’ve had a client who married this man, who in fact never got divorced from his first wife, and being married to 2 people at the same time is against the law. We filed a petition. We were able to prove that the first marriage was never concluded in a divorce, and in fact, my client had married somebody that was still married to another, and the court entered a decree of invalidity of marriage.
There are some other circumstances that may give rise to an invalidity of marriage or an annulment in Colorado. It’s always wise to talk to an attorney ahead of time and make sure that you know your rights regarding Colorado’s invalidity law.