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Procedure for Divorce when the Marriage is not Valid

In order to get a divorce, some basic criteria must be met. One of the most important criteria is that you must be legally married.

What happens in those cases however, where you may have reason to believe that your marriage was not valid?

There may be several reasons why a marital relationship may be deemed invalid. For instance, if one of the persons was insane at the time, or was under the influence of alcohol or other intoxicants, and was therefore unable to make decisions regarding his or her marriage, there may be grounds to file for an annulment of the marriage, because the marriage in such a case is not valid. Besides, if one of the persons in the marriage was below the legal age of consent, or if the marriage was based on coercion or force, there may be reasons to deem the marriage invalid.

If your marriage meets any of the above-mentioned criteria and you have reason to believe that your marriage is illegal, you can not file for divorce. However, there are other ways to end the marriage without going through divorce court. Speak to a Colorado family lawyer for the procedure to follow if your marriage is not deemed legal under Colorado law.

An annulment does not legally terminate the marriage like a divorce will. Rather, it will establish that the marriage never existed, or should never have existed because the key elements of a legal marriage were never in place.

Things can get complicated however, when the marriage has already involved co-mingling of assets, or if the marriage has resulted in children. In these cases, it’s important to get in touch with an attorney to avoid complicating an already complicated situation further. Get the right kind of legal advice you need in order to resolve your affairs.