What Happens to Children and Property in an Annulment?

An annulment usually occurs after a relative short period of marriage–a period typically too short for the couple to have accumulated any significant property together. However, if a couple has managed to accumulate property together, property division has to be decided and dealt with.

To get a divorce in Colorado, a couple must prove that the marriage is irretrievably broken, so you can imagine that getting an annulment isn’t as easy as it may seem. There are certain circumstances under which the courts may grant an annulment. An experienced Colorado family law attorney can advise you as to what those circumstances are.

If you are granted an annulment in Colorado and there is the issue of property you and your former spouse accumulated during the marriage, the courts will decide who get what unless you have a separation agreement that outlines how you want the property to be divided. If your spouse owned property and you didn’t, you will have no legal rights to it under an annulment (as you might if you were getting a divorce). Likewise, you will also have no legal rights to any inheritance your former spouse may have and vice versa.

Children are considered legitimate even if a marriage is annulled, and the courts will proceed the same as they would if the couple was divorcing, which typically involves determining child custody and payment of child support. It would be wise to consult a Colorado family law attorney to discuss your legal rights pertaining to child custody and support, as well as your right to any retirement accounts you and your former spouse may have jointly owned.

Colorado Criminal Defense Attorney Kevin Ellmann
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