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:
- State: Colorado
Answer:
In Colorado, a marriage can be declared invalid for several reasons, including when one spouse lacks the physical capacity to consummate the marriage and the other spouse was unaware of this at the time of marriage. This is outlined in C.R.S. 14-10-111.
If you learned about your husband's incapacity within six months of your marriage, you can file for annulment. However, you must do so within twelve months of learning about his condition. According to C.R.S. 14-10-111(2)(b), this means you have until one year after you became aware of the incapacity to initiate the proceedings.
In summary, you may petition the district court to declare your marriage invalid based on your husband's lack of physical capacity to consummate the marriage, provided you act within the specified timeframe.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.