Colorado Annulment and Prohibited Marriage Laws

Under C.R.S. § 14-10-111(1), the district court shall declare the invalidity of a marriage entered into under the following circumstances:

• A party lacked the 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
• A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not know of the incapacity at the time the marriage was solemnized
• A party was under the age of consent and did not have their parent's or legal guardian's consent or judicial approval, as provided by law
• One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which goes to the essence of the marriage
• One or both parties entered the marriage under duress by the other party or a third party
• One of the parties entered into the marriage in jest or dare
• The marriage is prohibited by law

• Six months: Duress, fraud, dare, or lack of capacity due to mental illness, alcohol, or drugs, starting from the date of the knowledge of the problem; for example, if you found out about fraud two years later, the six months doesn't start until then
• One year: Sexual inability, must ask for annulment within one year of knowledge of the condition
• 24 months: Underage and lacked the consent of parents or guardian
• Prior to Death of Either party or Closing of Estate: only for prohibited marriages

Under C.R.S. § 14-10-111(1)(g), the following marriages are prohibited by law in Colorado:

• A marriage entered into prior to the dissolution of an earlier marriage of one of the parties
• A marriage between an ancestor and descendant or between a brother and a sister, whether the relationship is by half or whole blood
• A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is of half or whole blood, except as to marriages permitted by the established customs of aboriginal cultures
• A marriage that was void by the law of the place where such marriage was contracted