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?
12/28/2016 |
Category: Divorce ยป Annulment |
State: Colorado |
#29015
Answer:
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.
