27th Apr 25 1:44 am
JamieIn Colorado, legal and valid marriages are the common experience of most people wanting to live their lives together. However, not all unions meet the necessary legal requirements. In some situations, what appears to be a marriage may actually be void or voidable, meaning it can end without the formal divorce process. A void marriage is considered invalid from the outset, often due to factors such as bigamy or close familial relationships between spouses. A voidable marriage, on the other hand, may be legally recognized unless one spouse challenges its validity based on issues such as fraud, coercion, or incapacity.
Understanding the difference between these types of marriages is essential for anyone questioning the legitimacy of their union. If you are unsure whether your marriage is legally valid or need guidance on how to proceed, the experienced attorneys at the Colorado Divorce Law Group can provide clarity and legal support. Call (720) 593-6442 today to discuss your situation and explore your options.
In Colorado, certain legal requirements must be met for a marriage to be considered valid. Both spouses must willingly consent to the marriage, demonstrating a clear intention to enter into the union. Additionally, each spouse must have the legal capacity to marry, meaning they must be of sound mind and capable of understanding the commitment they are making. Age is also a crucial factor—both individuals must be at least 18 years old to marry without restrictions. However, those who are 16 or 17 years old may marry with parental consent.
In addition to consent and legal capacity, a formal marriage in Colorado requires two additional steps. First, the couple must obtain a marriage license from the County Clerk and Recorder’s office and pay the necessary fee. Second, the marriage must be solemnized. While many couples choose to have a clergy member, such as a reverend, officiate the ceremony, they may also request a judge to perform the solemnization. Uniquely, Colorado is one of the few states that allows self-solemnization, meaning the couple can legally officiate their own marriage without the need for a third party. A marriage is only legally recognized once these formal requirements are met.
Colorado remains one of the few states that still recognize common-law marriage. To establish a valid common-law marriage, a couple must mutually agree to be married, live together—though there is no specific duration required—and present themselves as a married couple. This may include telling others they are married, filing joint tax returns, or sharing the same last name. Additionally, even states that do not permit common-law marriage will recognize a legally established common-law marriage from Colorado.
A void marriage is one that was never legally valid from the start. Under Colorado law, a marriage is considered void in several circumstances. This includes cases where one spouse was already legally married to someone else at the time of the marriage, making it an instance of bigamy or polygamy. Marriages between close relatives, such as siblings, are also void, although Colorado law does permit marriage between first cousins. Additionally, a marriage is void if it was considered invalid in the jurisdiction where it took place, except in the case of same-sex marriages, which are retroactively recognized as valid under Obergefell v. Hodges. A marriage is also void if at least one spouse was under the age of 16 at the time, unless a court granted permission for the marriage. Because a void marriage is never legally recognized, a court will consider it invalid from its inception, as though it never existed.
Technically, a ‘spouse’ does not need to do anything to end a void marriage in Colorado, because, in the eyes of the law, they were never married in the first place. They do not even need to seek an annulment. As a practical matter, however, it is a very good idea to file a Petition for Declaration of Invalidity of Marriage with the appropriate court. This document proves that there was never a marriage, thereby avoiding future problems.
A voidable marriage is one that was flawed from the start but is considered valid until one or both spouses request an annulment. In such cases, divorce is not required. In Colorado, there are several grounds for annulment, including:
The petitioner must have lived in Colorado at least 30 days before beginning the annulment process, and they must have grounds for annulment (fraud, for example). Some of the steps include:
Spouses can file for an annulment together, or one spouse can file separately (even over the other spouse’s objections).
Under certain circumstances, a third party can petition a court to invalidate a voidable marriage. The classic case is where one of the spouses is underage without parental consent. The parent who didn’t consent can petition the court to end the marriage. If the parent fails to act before the underage spouse turns 18, however, they lose the ability to petition the court to end the marriage.
In some situations, ending a marriage doesn’t involve divorce, especially when the marriage is considered void or voidable. Whether you’re looking to dissolve a marriage that was never valid or clarify the legal status of your union, it’s important to seek professional legal advice. To explore your options and receive expert guidance, reach out to the Colorado Divorce Law Group at (720) 593-6442 for a consultation.
