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In re Marriage of Farr

Court of Appeals of Colorado

228 P.3d 267 (Colo. App. 2010)

Relevant factsFree

Larry Farr (plaintiff) and Joy Farr (defendant) were married for 30 years before divorcing. About four years later, Larry told Joy he was terminally ill with only a few years to live, and Joy agreed to remarry him for that reason alone, not wanting him to die alone; they remarried in 2004. In 2007, Larry filed for a second divorce, and Joy counterclaimed to have that second marriage declared invalid, arguing Larry had committed fraud about his illness. The parties gave conflicting evidence about how serious Larry's condition actually was, and Larry argued any misstatement was innocent. The trial court found Joy's account more credible and ruled the marriage invalid.

IssueFree

Whether a court must enter a decree declaring a marriage invalid when one party entered the marriage in reliance on a fraudulent act or representation by the other party that goes to the essence of the marriage.

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