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Petition For Declaration Of Invalidity Of Marriage Pursuant To Section 14-10-111, C.R.S. Form. This is a Colorado form and can be use in Domestic Relations Statewide.
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Tags: Petition For Declaration Of Invalidity Of Marriage Pursuant To Section 14-10-111, C.R.S., JDF 1601, Colorado Statewide, Domestic Relations
District Court ___________________________ County, Colorado
Court Address:
In re the Marriage of:
Petitioner:
and
COURT USE ONLY
Co-Petitioner/Respondent:
Attorney or Party Without Attorney (Name and Address):
Case Number:
Phone Number:___________ E-mail:__________________________
FAX Number:____________ Atty. Reg. #: _______________
Division ______ Courtroom _______
PETITION FOR DECLARATION OF INVALIDITY OF MARRIAGE
1. The Petitioner and Co-Petitioner state(s) that this marriage is invalid and void based upon the following
grounds pursuant to §14-10-111, C.R.S.:
A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because
of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating
substances.
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.
A party was under the age as provided by law and did not have the consent of his parents or guardian or
judicial approval as provided by law.
One party entered into the marriage in reliance upon a fraudulent act or representation of the other party,
which fraudulent act or representation goes to the essence of the marriage.
One or both parties entered into the marriage under duress exercised by the other party or a third party,
whether or not such other party knew of such exercise of duress.
One or both parties entered into the marriage as a jest or dare.
The marriage is prohibited by law, including the following:
A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
A marriage between an ancestor and a descendant or between a brother and a sister, whether the
relationship is by the half or the whole blood;
A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship
is by the half or the whole blood, except as to marriages permitted by the established customs of
aboriginal cultures;
A marriage which was void by the law of the place where such marriage was contracted.
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PETITION FOR DECLARATION OF INVALIDITY OF MARRIAGE
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2. The marriage took place on
(date) at
(location).
The specific facts that support my/our belief that the marriage is invalid, based on the box or boxes checked
above, are as follows:
I/we became aware of these facts on or around
(date and/or time frame).
If you did not check at least of one of the boxes on page 1 and provide a written explanation of
the facts that support the box or boxes in number 2 above, your Petition may be dismissed and
you may have to file another action with the Court.
3. Information about the Wife:
Petitioner Co-Petitioner/Respondent
Check if in Military
Full Legal Name: ___________________________________________ Date of Birth: _________________
(Years/months) Dates:
Length of Current Residency in Colorado:
Current Mailing Address:
City:
State:
Zip Code:
Email Address:
Home Phone #:
Cell Phone #:
4. Information about the Husband:
Petitioner Co-Petitioner/Respondent
Check if in Military
Full Legal Name: ___________________________________________ Date of Birth: _________________
(Years/months) Dates:
Length of Current Residency in Colorado:
Current Mailing Address:
City:
State:
Zip Code:
Email Address:
Home Phone #:
Cell Phone #:
5. Date of the Marriage:
Place of Marriage:
(City/State)
6. The Wife is pregnant not pregnant.
7. The following child(ren) was/were born or adopted of this marriage. (attach a second sheet, if necessary):
Name
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Present Address
PETITION FOR DECLARATION OF INVALIDITY OF MARRIAGE
Sex Date of Birth
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8. The following arrangements have been made by the parties for the allocation of parental responsibilities,
parenting time, support, and maintenance, if applicable:
9. Required Notice of Prior Protection/Restraining Orders.
Have any Temporary or Permanent Protection/Restraining Orders to prevent domestic abuse or any Criminal
Mandatory Protection/Restraining Orders (MRO) or Emergency Protection Orders been issued against either
party within two years prior to the filing of this Petition?
No
The
Yes
If your answer was Yes, complete the following:
Protection/Restraining
Order
was
Temporary Permanent MRO
and
issued
against
______________________________ in a Municipal Court County Court District Court in the County of
______________, State of ______________, in case number _______________ on ______________ (date).
What was the subject matter of the Protection/Restraining Order or Emergency Protection Order?
10. Required Notice of Human Services Involvement.
The parents or dependent child(ren) listed on this Petition has/have received within the last five years, or
is/are currently receiving benefits or public assistance from the state Department of Human Services or the
County Department of Social Services. No Yes If your answer was Yes, complete the following:
Name of Person Receiving Benefit
Name of County and State
Case Number
Month/Year
11. I/We ask that the Court enter orders regarding the status of the marriage as invalid and void, best
interests of the child(ren), maintenance (spousal support) child support, division of property and debts,
attorney fees and costs, if appropriate, restoration of the previous name of a party, and any other
necessary orders.
12. The Petitioner Co-Petitioner requests that the Court restore his/her prior name to __________________.
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PETITION FOR DECLARATION OF INVALIDITY OF MARRIAGE
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VERIFICATION AND ACKNOWLEDGEMENT
I swear/affirm under oath that I have read the foregoing Petition and that the statements set forth therein are true
and correct to the best of my knowledge.
Petitioner’s Signature
Date
Co-Petitioner’s Signature
Date
Subscribed and affirmed, or sworn to before me
by _____________________________________
in the County of ________________________,
State of ____________________, this _______
day of ________________, 20 ____.
Subscribed and affirmed, or sworn to before me
by ____________________________________
in the County of _________________________,
State of ___________________, this ________
day of ________________, 20 ____.
My Commission Expires:
My Commission Expires:
Notary Public/Clerk
Notary Public/Clerk
Petitioner’s Attorney Signature, if any
Co-Petitioner’s Attorney Signature, if any
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PETITION FOR DECLARATION OF INVALIDITY OF MARRIAGE
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