Colorado Annulment Attorney

When Is Annulment the Right Choice?

In certain situations, a divorce may be undesirable for a married couple seeking to amicably part ways. Some faiths do not allow for divorce, while certain situations may make the legal existence of a marriage socially humiliating or distressing. In these cases, an annulment may be the best alternative to a divorce.

While an annulment and a divorce both terminate a marriage, they accomplish this in very different ways. A divorce will end a marriage through a legal termination—an annulment is a legal action that erases the marriage, treating it like it never existed. This is clearly a far more drastic solution, but it is designed that way.

Because it is so drastic, annulment must be legally justified (unlike divorce). Many annulments are granted on the grounds that there was crucial information that was undisclosed until after the couple was married. The reasons for annulments are fairly broad, but usually involve some kind of deception or extreme ignorance.

Common Legal Grounds for Annulment in Colorado

• Fraud/Misrepresentation: If one party was deceived about significant facts by the other, such as lying about the ability to have children or hiding important information, this can be grounds for annulment.
• Concealment of Important Information: This includes not disclosing crucial details like having a sexually transmitted disease. The failure to reveal such important information can make the marriage invalid.
• Misunderstanding of Intent: If there was a fundamental misunderstanding about essential aspects of the marriage, such as whether either party wanted or could have children, this can lead to an annulment.
• Lack of Consent: If one or both parties did not genuinely consent to the marriage, whether due to coercion, mental incapacity, or being under the influence of drugs or alcohol, the marriage can be annulled.
• Unwitting Incest: Marriages between close relatives who were unaware of their familial relationship at the time of marriage are considered void and can be annulled.
• Inability to Consummate the Marriage: If one party is physically incapable of consummating the marriage and this condition was not disclosed before the marriage, it can be grounds for annulment.
• Bigamy (or a Previously Unresolved Marriage): If one party was already legally married to someone else at the time of the new marriage, the subsequent marriage is invalid and can be annulled.

Annulment is usually accomplished within weeks or months of a marriage, so there is usually no property to divide or custody agreements to work out. As a result, annulments offer the advantage of not requiring the division of property, which is often the most difficult part of any divorce. Annulments are also usually the product of deeply-entrenched social stigmas, so sensitivity and privacy may be your most pressing concerns.

Legal Process of an Annulment in Colorado

Annulment in Colorado is a legal process that requires specific steps to be followed to declare a marriage invalid. Here is a detailed overview of the process:

1. Determine Eligibility for Annulment: Ensure that you have valid grounds for annulment based on Colorado laws. Common grounds include fraud/misrepresentation, concealment of important information, misunderstanding of intent, lack of consent, unwitting incest, inability to consummate the marriage, and bigamy.
2. File a Petition for Annulment: Prepare and file a "Petition for Declaration of Invalidity of Marriage" in the district court of the county where either spouse resides. This document outlines the reasons why the marriage should be considered invalid. The petitioner must provide details about the marriage, including the date and place of marriage, the grounds for annulment, and any other relevant information.
3. Serve the Petition: After filing, the petitioner must serve the other spouse (the respondent) with a copy of the petition and a summons. This is a legal requirement to inform the respondent about the annulment proceedings. Service must be done according to Colorado rules, which usually involve personal delivery by a process server or a sheriff.
4. Respond to the Petition: The respondent has a set period, typically 21 days if served in Colorado or 35 days if served outside the state, to file a response to the petition. The response can either agree with or contest the annulment. If the respondent does not respond within the allotted time, the petitioner may request a default judgment from the court.
5. Attend Court Hearings: If the annulment is contested, the court will schedule a hearing. Both parties will have the opportunity to present evidence and testify about the grounds for annulment. The petitioner must provide sufficient evidence to prove the validity of the annulment grounds. This can include witness testimony, documents, and other relevant proof.
6. Court's Decision: After reviewing the evidence and hearing both parties, the court will decide whether to grant the annulment. If the court finds the grounds for annulment valid, it will issue a "Decree of Invalidity." The decree officially declares the marriage null and void, effectively erasing it from a legal standpoint.
7. Legal Consequences of Annulment: Unlike divorce, an annulment treats the marriage as if it never existed. This can affect property division, spousal support, and other legal matters. Children born during the annulled marriage are still considered legitimate, and issues like child custody, visitation, and support will be addressed similarly to those in divorce cases.
8. Follow-Up Actions: After receiving the annulment decree, both parties should ensure that all legal and financial matters are properly resolved. Update personal records, such as changing your name back to a previous name if desired, and notify relevant institutions about the annulment.

The annulment process can be complex and may require legal assistance to navigate effectively. It is often advisable to consult with a family law attorney to ensure that all legal requirements are met and to represent your interests in court.

Choose The Harris Law Firm for Your Annulment Case in Colorado

At The Harris Law Firm, our annulment attorneys who have 250 years of combined experience are adept at handling complex, sensitive situations. We can handle your case with sensitivity, advocating for your needs while preserving your privacy as an individual.

The circumstances leading to an annulment are virtually never painless—our aim will be to minimize the pain and complexity as much as possible by communicating with you clearly and compassionately every step of the process.

If you are seeking an annulment, our lawyers who have been able to help over 8,000 family law clients so far, will effectively prove your need for an annulment to the best of our highly-honed abilities.

Our Colorado annulment lawyers can bring clarity to any overwhelming situation—reach out for a consultation at (303) 622-5502.

Further Reading on Annulment vs. Divorce

• Understanding the Differences: Divorce vs. Annulment