If you are married and looking for a legal way to end the relationship, you would be forgiven for thinking that an annulment is an alternative to a divorce. However this is not the case. Although the end result of a divorce and annulment is the same – the relationship is legally terminated – the two are not interchangeable and an annulment can only be granted in certain, specific circumstances.
In the state of Colorado, ending a marriage almost always requires a divorce. This is the legally accepted way of terminating a valid marriage. An annulment is only to be called upon when it can be proven that the marriage was not legally valid in the first place.
Does the marriage duration affect your choice?
No. If the marriage is valid, it can only be terminated by divorce, regardless of whether you have been married for 20 hours or 20 years. Annulment is not a way for people to terminate a recent marriage because they regret their decision or have found that marriage is not what they hoped it would be.
Under what circumstances can you get a divorce?
A Colorado court will grant a no-fault divorce to any petitioners who meet the minimum requirements of having lived in the state for 91 days or more and whose marriage is legally valid.1 Petitioners do not need to assign blame to get a divorce as in Colorado as the grounds for divorce are not considered; petitioners must simply argue that the marriage is irretrievably broken. A divorce can even proceed if one party does not agree to it.
Under what circumstances can you get an annulment?
There are only a few very specific circumstances under which you can apply for an annulment in Colorado, and most of them are time-bound.2
1. Unable to consent to marriage
If either party was mentally or physically incapacitated at the time of the marriage, they may argue within 6 months that they were unable to consent to the marriage and that it was therefore invalid.
2. Entered into marriage as a joke
Whether it’s because they thought it was funny or because they were dared or coerced into marrying, either party may apply for an annulment within 6 months if they can prove that they never wanted to be married or never intended to go through with the wedding.
3. Unable to consummate the marriage
If one party cannot consummate the marriage through the act of intercourse, they or their spouse may seek an annulment within a year to terminate the relationship. This clause only applies if the spouse was unaware that the marriage would not be able to be consummated.
4. Below the legal age of consent
The legal age of consent in Colorado is 17 years old, so if someone younger than this enters into marriage without their parents’ or guardian’s consent or judicial approval, the marriage may be terminated by annulment within 24 months.3
5. Fraudulent representation
If fraudulent representation is discovered within 6 months of the wedding date, either party may seek an annulment to terminate the relationship.
6. The marriage is prohibited
A court may deem a marriage to be prohibited if the couple is found to be blood relatives (and is not of an aboriginal culture in which consanguinity is permitted) or if either party is already married to somebody else. In these circumstances, there is no time limit for obtaining an annulment.
How to apply for an annulment
To apply for an annulment in Colorado, you must either have been married in Colorado, or one or both parties must have resided in the state of Colorado for at least 30 days before applying for a declaration of invalidity (annulment) from a judge [4]. There is a simple process to follow with various forms to complete, and you will be required to attend an Initial Status Conference.
Although it is not mandated, legal representation is advisable as the Family Court Facilitator for your case will be unable to provide you with the legal advice or guidance you may need to improve your case outcomes, particularly when it comes to financial settlements and child support.
To discuss your case with an experienced family law attorney, contact Lewis & Matthews, P.C today. Our dedicated team is here to help you navigate the uncertainties you may face in terminating your marriage, to advocate on your behalf, and to help you to achieve the most favorable outcomes. With our help, you will quickly be able to enjoy a fresh start, whether it’s through divorce or an annulment, based on your individual personal circumstances.
Resources
- https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF1010.pdf ↩︎
- https://casetext.com/statute/colorado-revised-statutes/title-14-domestic-matters/dissolution-of-marriage-parental-responsibilities/article-10-uniform-dissolution-of-marriage-act/section-14-10-111-declaration-of-invalidity ↩︎
- https://www.coloradojudicial.gov/self-help/annulment/annul-or-cancel-marriage ↩︎
