Can the marriage be declared invalid on the ground of incapacity to consummate?

Full question:

I am married and live in Colorado. Within 6 months of our marriage, I learned that my husband lacked physical capacity to have sexual intercourse. Our marriage was solemnized a year ago. Can the marriage be declared invalid?

• Category: Divorce
• Subcategory: Annulment
• Date: 04/07/2025
• State: Colorado

Answer:

In Colorado, there are  several grounds or reasons to declare a marriage void. C.R.S. 14-10-111 provide the grounds to declare a marriage invalid. When a spouse lacked the physical capacity to consummate the marriage (i.e. cannot have intercourse), and the other did not know this at the time of marriage, then it is a valid ground for invalidating the marriage. However, an annulment in Colorado must be initiated within the prescribed timeframes, as stated in C.R.S. 14-10-111(2) (b). Per C.R.S. 14-10-111(2) (b) the marriage invalidation proceeding on the ground of lack of physical capacity to consummate the marriage must be initiated within 12 months of the aggrieved spouse’s knowledge about the other spouse’s incapacity.

C.R.S. 14-10-111  reads in pertinent part as follows:

“(1) The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:
(a) ***
(b) A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.
***”

C.R.S. 14-10-111(2) (b) reads:

“***
(b) For the reason set forth in subsection (1) (b) of this section, by either party no later than one year after the petitioner obtained knowledge of the described condition;
***”

Here, you may file a petition within one year from the date of your knowledge of his incapacity to consummate. Per the provisions under C.R.S. 14-10-111 the district court may declare the marriage invalid.