What are the requirements for an annulment of marriage in Colorado?

Answer 1

(1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage or domestic partnership declared invalid may be sought by:

(a) Either or both parties, or the guardian of an incompetent spouse or incompetent domestic partner, for any cause specified in subsection (4) of this section; or

(b) Either or both parties, the legal spouse or domestic partner, or a child of either party when it is alleged that either or both parties is married to or in a domestic partnership with another person.

(2) If the validity of a marriage or domestic partnership is denied or questioned at any time, either or both parties to the marriage or either or both parties to the domestic partnership may petition the court for a judicial determination of the validity of such marriage or domestic partnership.

(3) In a proceeding to declare the invalidity of a marriage or domestic partnership, the court shall proceed in the manner and shall have the jurisdiction, including the authority to provide for maintenance, a parenting plan for minor children, and division of the property of the parties, provided by this chapter.

(4) After hearing the evidence concerning the validity of a marriage or domestic partnership, if both parties to the alleged marriage or domestic partnership are still living, the court:

(a) If it finds the marriage or domestic partnership to be valid, shall enter a decree of validity;

(b) If it finds that:

(i) The marriage or domestic partnership should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, a prior domestic partnership of one or both parties that has not been terminated or dissolved, reasons of consanguinity, or because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage or domestic partnership by force or duress, or by fraud involving the essentials of marriage or domestic partnership, and that the parties have not ratified their marriage or domestic partnership by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage or domestic partnership invalid as of the date it was purportedly contracted;

(ii) The marriage or domestic partnership should not have been contracted because of any reason other than those above, shall upon motion of a party, order any action which may be appropriate to complete or to correct the record and enter a decree declaring such marriage or domestic partnership to be valid for all purposes from the date upon which it was purportedly contracted;

(c) If it finds that a marriage or domestic partnership contracted in a jurisdiction other than this state, was void or voidable under the law of the place where the marriage or domestic partnership was contracted, and in the absence of proof that such marriage or domestic partnership was subsequently validated by the laws of the place of contract or of a subsequent domicile of the parties, shall declare the marriage or domestic partnership invalid as of the date of the marriage or domestic partnership.

(5) Any child of the parties born or conceived during the existence of a marriage or domestic partnership of record is legitimate and remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage or domestic partnership. [2008 c 6 § 1007; 1987 c 460 § 4; 1975 c 32 § 2; 1973 1st ex.s. c 157 § 4.] Part headings not law -- Severability -- 2008 c 6:See RCW 26.60.900 and 26.60.901.

Answer 2

Definition: civil annulment

A civil annulment is a declaration, by the state, that a marriage never existed even though a ceremony took place. There are limited grounds such as: failure to consummate, insanity, mental incompetency or one (or both) parties being under the legally required age.

National or state laws where the marriage took place also affect the possibility of an annulment being granted. In some US states there is a specific time limit pertaining to annulment proceedings. Those seeking a civil annulment are normally advised to consult with an attorney who specializes in domestic/family law. Obtaining a civil annulment does not permit a Catholic to marry again in Church.

Definition: ecclesiastical annulment

An ecclesiastical annulment (decree of nullity) is a similar to a civil declaration, but concerns the sacramental validity of a marriage; however, a canonical decree of nullity has no effect on the legality of the marriage and thus the legitimacy of children is not affected. A decree of nullity frees a Catholic to marry in Church unless conditions are imposed (see below).

Church Procedure (conditions)

To seek an annulment, a person must file a request with the Church court (tribunal); larger dioceses normally have their own tribunal while smaller ones usually share a tribunal. There is no canonical limitation on how long after a marital breakdown occurs that a person may seek a decree of nullity. It is normal that a person has already obtained a divorce before seeking an annulment. Although this is not a requirement, many tribunals will not accept a petition until a divorce has been obtained. The reason for this is to prevent a person undergoing another marriage while still being married according to the civil authorities.

Church Procedure (format)

It is normal that the first person approached would be the priest of the parish in which the petitioner resides and he either presents the case or refers the petitioner to a member of the tribunal. The procedure varies from diocese to diocese.

Once a petition has begun the person seeking an annulment (petitioner) is interviewed at length, and usually completes a form containing a series of relevant questions. Two, or more, witnesses are sought and interviewed. Ideally, these people have known both spouses before the marriage and maintained contact afterwards.

The other party (the former spouse) has the right to be informed that a decree of nullity is being sought, and the tribunal sends notification. If there is no response, or no objection raised within a specified period, the case proceeds. If the other spouse (the respondent) replies with objections, the tribunal then appoints someone to conduct an interview. Often, but not always, it is the same person who interviewed the petitioner.

Once the testimonies of the petitioner, the witness and (if necessary) the respondent are completed, the person presenting the petition to the tribunal writes a summary. All documentation is then handed to the tribunal for the judges to render a decision. Whatever the decision, it is automatically sent to the Court of Appeal in another diocese; this is to ensure fairness. All concerned are informed of the decision.

The annulment frees both parties to celebrate marriage in Church. Bearing in mind the reasons for granting a particular annulment, the tribunal may impose restrictions on one or both couples e.g. that psychological counselling be undergone. A tribunal may also bar someone from undergoing marriage in the Church e.g. if the grounds for the annulment were due to one partner being homosexual.

Grounds for a decree of nullity (annulment)

Some grounds for the granting of a decree of nullity are:

Being under the canonical age, impotence, consanguinity, lack of intention to be faithful, lack of intention to have children (sterility is not a ground), psycho-sexual incompatibility (e.g. abnormal sexual demands or one person being homosexual), psychological abnormality, lack of consensus ad idem (e.g. a very different understanding of marriage), deception (e.g. marrying simply to obtain an inheritance upon the death of a spouse), Pauline privilege (when 2 non-Christians marry and one subsequently becomes a Christian, resulting in the breakup of the marriage).

Answer 3

Consult a Iowa state divorce lawyer to determine how to obtain a secular/state annulment. This is the Catholic Answer section. Obtaining an annulment in the Catholic Church has nothing to do with secular/state law except to the extent that the couple seeking an annulment in The Catholic Church must first obtain a Decree of Divorce from the state.

Answer 4

Consult a Florida state divorce lawyer to determine how to obtain a secular/state annulment. This is the Catholic Answer section. Obtaining an annulment in the Catholic Church has nothing to do with secular/state law except to the extent that the couple seeking an annulment in The Catholic Church must first obtain a Decree of Divorce from the state.

Answer 5

Consult a Colorado state divorce lawyer to determine how to obtain a secular/state annulment. This is the Catholic Answer section. Obtaining an annulment in the Catholic Church has nothing to do with secular/state law except to the extent that the couple seeking an annulment in The Catholic Church must first obtain a Decree of Divorce from the state.

Answer 6

Grounds for annulment vary by jurisdiction but can include the following:

• lack of legal capacity
• force or threat
• under age of consent
• consanguinity- too closely related
• impotency not disclosed before marriage
• fraud
• marriage never consummated
• duress, insanity
• being under the influence of alcohol or drugs

You need to check the laws in your state.

Answer 7

Consult an Oregon state lawyer to determine how to obtain a secular/state annulment. This is the Catholic Answer section. Obtaining an annulment in the Catholic Church has nothing to do with secular/state law except to the extent that the couple seeking an annulment in The Catholic Church must first obtain a Decree of Divorce from the state.

Answer 8

An annulment of marriage basically deems the marriage null and void from the beginning. Reasons for annulment are adultery, insanity, if the couple were under the influence of drugs or alcohol at the time of marriage or consanguinity. The procedure is similar to divorce and will require an attorney and a person must meet the requirement of residency in the State.

Answer 9

First, you must determine if common law marriage is recognized as a legal marriage in your jurisdiction. If it is then the couple may be required to follow the same laws as legally married people must follow. In the case of a civil annulment, you should consult with an attorney in your jurisdiction to determine if the marriage must be dissolved legally, if an annulment is available or if you must seek a legal divorce.

Common grounds for annulment are: fraud, insanity, bigamy, impotence, duress, mental disability, one party being under the age of consent, failure to consummate the marriage or incapacity based on alcohol or drugs.