Legal Question in Family Law in Colorado
Decree of Invalidity
I am trying to understand what a Decree of Invalidity in a civil marriage is and what it means. Does it mean the marriage never existed or does it confirm that the vows are not enforceable? Does it have some other meaning? If something never existed, it would seem contradictory to decree it invalid.
2 Answers from Attorneys
Re: Decree of Invalidity
Your question is identified as relating to both Colorado and Maryland, and I am assuming that the "Decree of Invalidity" was issued in Colorado. I have never heard of that term in Maryland, and I can find no provision in Maryland law for such a decree. I can only assume that it has to do with a granting of an annulment, which is based on a finding that an alleged marriage is void or voidable for some reason. An annulment is granted when a marriage ceremony is determined to have been invalid because, for example, one of the parties was married to someone else at the time the ceremony took place.
Re: Decree of Invalidity
The decree indicates the marriage never existed. Since Colorado is a no-fault state, the vows would likely be irrelevant. The decree of invalidity is necessary to indicate the marriage never existed.