Key Takeaways:
- In Colorado, an annulment is referred to as a Declaration of Invalidity of Marriage. If it is granted, it will be as though the marriage never happened.
- Annulments are generally granted only under very specific circumstances: inability to consent, underage, force or duress, jest, inability to consummate, a void marriage (such as incest or bigamy), fraud or misrepresentation.
- To have your marriage declared invalid, you will have to prove one of these grounds by a preponderance of the evidence.
- If you do not have proof of one of these grounds for annulment, then you will have to seek a divorce or legal separation.
- There are strict timelines for seeking an annulment in Colorado, based on the reason that the marriage is invalid. Generally, you will have to file for an annulment within 6 months to 2 years of learning of the issue. The only exception is for void marriages, which can be filed at any time before the death of either spouse.
- An annulment is not necessarily cheaper, easier, or faster than a divorce. It is only appropriate in limited situations.
- If you share assets and/or children, then a court will divide your property and debts and determine the allocation of parental responsibilities as part of the divorce process.
- Annulment cases can be complex, so it is generally a good idea to talk to a Colorado family law attorney about your options.
Sometimes, the person you marry doesn’t turn out to be who you thought they were. If you are ready to end your marriage, you may be wondering what your options are. More specifically, you might be considering whether you can have your marriage annulled instead of getting a divorce.
An annulment is a legal declaration that your marriage was invalid. In other words, if you get an annulment, it is as though your marriage never existed. In Colorado, annulments are rare and only granted in very specific situations.
Ascent Legal Group counsels clients on the options available to them for ending their marriage, including divorce, legal separation, and annulment. If you are interested in an annulment, we can talk you through the grounds for annulment and advise you of the best way to proceed, given the facts of your case. To learn more or to schedule a free 30-minute consultation with a Colorado family law attorney, reach out to our law offices today.
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An article can provide helpful information, but the fastest way to get your family law questions answered is to speak directly to a family lawyer. You can speak with the Colorado family lawyers at Ascent Legal for free today.
What Is an Annulment?
In Colorado, an annulment is referred to as a declaration of invalidity of marriage. It is an option in situations where your marriage was not valid from the start. Annulment is only possible in a handful of situations (described in more detail below).
While the final outcome is essentially the same, an annulment is not the equivalent of a divorce. When you get divorced, you are seeking to end a valid marriage. With an annulment, you are asking the court to declare that your marriage was never legally valid.
Getting an annulment is not necessarily easier than getting a divorce. You will need to introduce evidence to prove to the court that your marriage was not valid for one of several specific reasons (as outlined in Colorado law). If your spouse contests the petition, it could be just as time-consuming and expensive a process as a contested divorce.
When Can You Annul a Marriage in Colorado?
You cannot get an annulment in Colorado simply because your marriage didn’t work and you don’t want to be married anymore. Unlike divorce, where you simply have to allege that your marriage is “irretrievably broken” you will have to prove that something was legally wrong at the time that the marriage occurred.
Valid Grounds For Annulment
A Colorado court will invalidate a marriage in very limited circumstances. Per Colorado law, the only valid grounds for annulment are as follows:
- Lack of Mental Capacity: an annulment may be granted if one spouse could not consent to the marriage due to mental incapacity or intoxication (drugs and/or alcohol).
- Fraud or Misrepresentation: If one spouse was deceived about something essential to the marriage (i.e., not a minor issue), it may be a basis to invalidate the marriage.
- Duress or Coercion: If a spouse was forced or pressured into a marriage, it may be annulled.
- Jest: If the marriage was entered into as a joke or a dare and was never intended to be real, it may be annulled.
- Physical Inability to Consummate the Marriage: If one spouse was physically unable to consummate the marriage and their partner was unaware at the time of the marriage, that may be a basis for annulment.
- Underage Marriage Without Proper Consent: If a spouse was below the legal age for marriage (18, or 16 with the consent of parents, guardians, or the court), then the marriage is invalid.
- Void Marriages: Certain marriages are automatically invalid, such as those involving bigamy (one spouse is already married) or incestuous relationships.
In Colorado, you cannot get an annulment for any reason other than the ones listed above. Perhaps more importantly, you will have to introduce evidence to prove that one (or more) of these conditions existed at the time of your marriage.
Providing Evidence For Annulment
Annulment isn’t a way to end a short-lived marriage or one where you believe that your spouse is dishonest. You will need proof of some type of fraud or invalidity at the time of the marriage.
Most annulment cases are fairly black-and-white: you can either prove the grounds for annulment or you cannot. For example, if you are seeking an annulment based on bigamy, you should easily be able to prove that your spouse was married at the time that you got married.
However, cases involving fraud can be more complex. To qualify for an annulment, you have to prove something more than “my spouse lied to me.” The lie has to go to the very heart of the marriage itself.
For example, if a woman falsely claimed that she was pregnant to convince her husband to marry her, that may be the basis for annulment if she was never pregnant. Similarly, if a man induced his wife to marry him because he was terminally ill and it turns out that he was not sick, that could potentially be a reason to invalidate the marriage. In short, the alleged fraud or misrepresentation has to be significant.
These rules mean that it can be incredibly hard to get an annulment. A no-fault divorce is often quicker and easier, particularly if you and your soon-to-be ex can come to an agreement on any major issues in the divorce. However, if you have evidence of one of the 7 grounds for invalidation listed above, then our Colorado family lawyers can help you pursue an annulment.
The Process for an Annulment in Colorado
In Colorado, you can seek a divorce at any time. Annulment is different. There are strict time limits for invalidating your marriage based on the reason for the annulment:
- Fraud, duress, incapacity, or jest: you must file for an annulment within 6 months of discovering the issue.
- Physical incapacity: you have to file for invalidation within 1 year.
- Underage marriage: the petition must be filed within 24 months.
- Void marriages: an annulment can be sought at any time before one partner to the marriage dies.
If you miss these deadlines, then you may not be able to have your marriage annulled.
The process for seeking an annulment is similar to getting a divorce. However, there are different legal standards for getting an annulment.
- File a Petition: You must file a Petition for Declaration of Invalidity of Marriage in district court. You can file this petition jointly with your spouse or individually. If the marriage occurred in Colorado, you can file the petition immediately. Otherwise, one spouse must live in the state for at least 30 days before filing.
- Serve Your Spouse: If you are filing alone, you must formally deliver (serve) the paperwork to your spouse.
- Attend Court Proceedings: After the petition is filed, the court may schedule an initial status conference and hearings to review evidence. You must prove your legal grounds for annulment by a preponderance of the evidence (more likely than not).
- Wait for a Decree: If the court agrees that your marriage is invalid under Colorado law, then it will issue a Decree of Invalidity of Marriage. This will officially void your marriage as though it never occurred.
In annulment cases, the court will still have to resolve the same issues that are often present in a divorce. This may include division of property, spousal maintenance, the allocation of parental responsibilities, and child support. For this reason, a contested annulment can often take just as long as a divorce or legal separation.
What Happens After an Annulment Is Granted?
Even though the marriage is treated as though it never existed, some legal issues will still need to be resolved. This is particularly true in cases where a couple has joint assets and debts and/or where they share minor children.
When it comes to the division of property, the process may be a bit different compared to a divorce. Essentially, if one spouse committed some type of fraud or misrepresentation, a judge won’t want to effectively reward them for their malfeasance by splitting marital property equitably. Instead, the court may divvy up property based on what the wrongdoer contributed instead of typical family law principles.
Spousal maintenance may be awarded based on the unique facts of the case. However, if the spouse seeking alimony committed fraud or misrepresentation, then they will not get maintenance. Essentially, if one spouse is at fault in an annulment case, it can affect the outcome of the case when it comes to financial matters.
When it comes to the allocation of parental responsibilities and child support, courts will make decisions just like in divorce cases. That means that decision-making authority and parenting time will be based on the best interests of the child. The income shares model will be used to calculate child support.
Finally, when an annulment is granted, it is as though the marriage never happened. This can be important to a person for many different reasons (such as religious reasons). It may also lead to the restoration of certain benefits that may have been lost by marriage.
For example, if one party’s spousal maintenance payments were ended because of the marriage, the annulment may restore maintenance. However, reinstatement of maintenance is not automatic, so you should always consult with a Colorado spousal maintenance attorney to better understand your rights.
Get Professional Legal Help Ending Your Marriage
An annulment is not a quick fix or simply an alternative to divorce in Colorado. Instead, an annulment is a specific legal remedy that is reserved for situations where a marriage was fundamentally flawed from the very beginning. To successfully annul a marriage, you must prove a valid legal ground, file within the required timeframe, and follow the court procedures carefully.
At Ascent Legal Group, we are well-versed in all aspects of Colorado family law, including annulments. We can evaluate your situation and determine the best path forward. If your marriage was valid but no longer works for you, divorce is often the more practical and accessible solution for most people.
To learn more or to schedule a free 30-minute consultation with a Colorado divorce lawyer, give us a call at 719-256-0067 or fill out our online contact form.
Frequently Asked Questions
Is It Better to Get an Annulment or a Divorce?
Annulment is not usually easier or faster than a divorce. Deciding which one is better will depend on your specific situation:
| Annulment May Be Right If: | Divorce May Be Better If: |
| The marriage was legally invalid from the start. | The marriage was valid but did not work out. |
| You can clearly prove one of the required grounds for an annulment. | You cannot meet the strict legal requirements for annulment. |
| You have personal, legal, or religious reasons to prefer an invalidation over a divorce. | You want a more straightforward legal process. |
Does an Annulment Affect My Kids?
If you have children, you may be concerned about the impact of an annulment on them. After all, if the marriage isn’t valid, does that mean your children are illegitimate?
No. Under Colorado law, annulment does not affect the legitimacy of children born to the union. Parenting time and decision-making authority will be decided just as it would be if you had gotten a divorce or legal separation.
Do I Need an Attorney to Get an Annulment in Colorado?
It is possible to handle an annulment pro se (on your own). However, if your spouse contests the annulment, the case may be just as complex as a divorce.
Even if you have clear proof of malfeasance, division of property, maintenance, allocation of parental responsibilities, and child support can all be difficult to handle on your own. For most people, it makes sense to consult with a Colorado family law attorney to understand their rights and options before pursuing an annulment or divorce.
Resources:
- Petition for Annulment (Invalidity) – Form JDF 1041. Colorado Judicial Branch. https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/petition-annulment-invalidity
- Colorado Revised Statutes § 14-10-111 – Declaration of Invalidity of Marriage. FindLaw. https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-111/
