Annulments are difficult to get in Colorado. The requirements are sometimes difficult to meet. As a result, annulments are rare. It is often easier and sometimes even quicker to get a divorce rather than an annulment in Colorado.
An annulment is a procedure which “cancels” the marriage. If the Court grants an annulment it is like the marriage never existed. In Colorado, an annulment is called a “Declaration of Invalidity.”
In contrast to an annulment, a divorce, or dissolution of marriage, recognizes a marriage existed and has ended. Whether a couple decides to obtain an annulment or divorce is their decision. Many individuals seek an annulment when religious factors prohibit them from a divorce.
Generally, you need to prove to the Court that your marriage was not valid from the beginning. For example, a marriage may be declared invalid if:
A marriage will be held "void" or prohibited by law if:
If you were married in Colorado, you can file for a Declaration of Invalidity of Marriage in Colorado in the district court in the county where you or the other party lives. If you were married outside of Colorado, one party must have resided in Colorado for 30 days prior to filing a Petition for Declaration of Invalidity of Marriage in Colorado. Both parties can file the Petition for Declaration of Invalidity of Marriage jointly, or if one party files a Petition, they will also need to have the other party served with a Summons and Petition and Case Information Sheet.
There are strict time frames in which you can file for invalidity of marriage. If you do not file within those time frames, the Court will not grant an annulment. If the Court finds your marriage is not valid, you may not need to go through the actual divorce process as if you were married. However, if the Court refuses to grant an annulment, the parties will need to dissolve their marriage.
The Court may also deal with issues concerning finances, property, and children in the annulment process, if appropriate. The process to do so is similar to how the court addresses these issues in a dissolution of marriage. Because of this, an annulment often will take as long as a divorce in Colorado.
At The Harris Law Firm, we can help you with either form of marriage dissolution. We understand this is a difficult decision and the process to end your relationship can be overwhelming. Allow our Colorado divorce attorneys to help you. We take the time to get to know you personally and will prioritize your needs. Please call us at your convenience to schedule a consultation with one of our lawyers. We are happy to assist you.
Our attorneys at The Harris Law Firm can help you understand your options for ending a marriage in Colorado. Call (303) 622-5502 or contact us online to speak with a lawyer.