Although you might imagine that an annulment is an easy way to simply cancel out a marriage that you’ve come to feel is a mistake, the reality is that Colorado law is very specific about the circumstances under which a marriage can be annulled. The state’s laws refer to annulment as a declaration of invalidity, meaning that a marriage that is annulled is viewed as never having existed. While it can be difficult to obtain an annulment, some people want to pursue it because of religious, financial or other reasons. The guidance of an attorney experienced in Colorado laws regarding declaration of invalidity can be extremely helpful if you are contemplating this complicated and sometimes confusing process.
The Castle Rock divorce attorneys at the Ellmann & Ellmann law firm are familiar with all aspects of family law, including the procedures for annulments. We understand that the decision to end a marriage is not easy. Our annulment lawyers recognize that you may be enduring emotion-charged events, and we are dedicated to serving you with both sensitivity and a seasoned legal perspective. When you need the informed guidance of a qualified annulment attorney, the law firm of Ellmann & Ellmann is ready to provide you with strong advocacy.
In Colorado, the law specifies that an invalidity of marriage decree may be sought only if certain circumstances are met. Those situations include:
- A spouse’s lack of ability to consent to marriage because of mental incapacity or due to the influence of drugs, alcohol or other substances
- A spouse’s lack of capacity to physically consummate the marriage
- A spouse has not attained legal age to marry and does not have parent/guardian consent or judicial approval
- A spouse’s fraudulent act or representation “goes to the essence of the marriage”
- Either or both spouses marry under duress from the other or from a third party
- Either or both spouses marry as a jest or dare
- The marriage is legally prohibited due to incest, bigamy/polygamy, or other law where the marriage took place.
In some circumstances, Colorado law may specify residency requirements before an annulment can be pursued. Additional complications can arise when a spouse contests the action or when marital property, financial arrangements, children or other factors are involved.
At Ellmann & Ellmann, our Colorado divorce attorneys have a full understanding of the laws that apply when you’re seeking a declaration of invalidity of marriage. We know that marital circumstances can be complex, and that you need the solid support of an informed and experienced annulment lawyer. Our firm is committed to serving you capably and compassionately. For sound legal guidance, we encourage you to contact Ellmann & Ellmann online or call our firm at (303) 814-2600 to request a free and confidential consultation.
Filing Deadlines for Annulment Proceedings in Colorado
When you seek an annulment of your marriage in Colorado, different legal deadlines may apply and are based on the reason for which you seek the annulment.
6-month deadline
- Mental capacity or infirmity or influence of incapacitating substances
- Fraudulent act or representation
- Marriage under duress
- Jest or dare
1-year deadline
- Spouse lacks the physical ability to consummate the marriage
2-year deadline
- Party is under age to legally marry and lacks consent of parent/guardian or judicial approval
Deadline: Prior to death of either spouse or estate settlement of either spouse
- Bigamy
- Polygamy
- Incest
Source: Colorado Revised Statutes
