Frequently Asked Questions
Are annulment and divorce the same thing?
No. A divorce terminates a marriage but an annulment states that the marriage was invalid. The marriage is essentially void. For many newlyweds, the idea of an annulment can be appealing because it offers a clean slate. Some couples prefer annulment due to personal or religious reasons, since it avoids the stigma or implications of a divorce. In Colorado, however, you cannot get an annulment just because the marriage was short or you have second thoughts. There need to be specific legal grounds that made the marriage invalid from the start.
Can annulment be contested?
Yes, and annulment proceedings are, in fact, often contested by the other party. The burden is always on the party seeking annulment to show that at least one legal factor applies to their marriage that qualifies the marriage for annulment.
How long do annulments take?
Annulments do not take nearly as long as divorce proceedings, but they do not happen overnight either. After filing a petition for annulment, the other party has 21 days to file an answer to the petition. The court will ultimately set the case for a hearing (essentially a trial), and the parties will be allowed to provide evidence to the court to support their cases. How long this takes in large part depends on how long it takes the court to set the matter for hearing, which depends on how busy their dockets are at the time the case is to be heard.
What are the legal grounds for an annulment in Colorado?
Annulments are only granted if specific legal grounds exist to show the marriage was not valid from the start. In other words, you must prove that some condition existed that makes the marriage invalid under Colorado law. Common grounds to annul a marriage include:
- One party was already married (Bigamy): If one spouse was still legally married to someone else at the time of your wedding, the new marriage is illegal and can be annulled.
- Close blood relation (Incest): Marriages between close relatives are not allowed. If the spouses are within the prohibited family degrees, the union is void from the beginning.
- Lack of mental capacity to consent: If a spouse lacked the mental capacity to agree to the marriage (for example, due to mental illness, impairment, or being extremely intoxicated during the ceremony), it can be grounds for annulment.
- Fraud or misrepresentation: If one spouse was deceived about an essential fact going into the marriage (such as hiding a previous marriage, an inability to have children, or other major issues), that fraud can make the marriage invalid.
- Force or duress: Marriages that happened under threat, force, or undue pressure (without true voluntary consent) may be declared invalid.
- Underage marriage without consent: If one or both spouses were under the legal age to marry and did not have the necessary parental or court consent, the marriage can be annulled.
- Inability to consummate the marriage: When one spouse was physically unable to have sexual relations (impotence) and this was not disclosed before marriage, it is a ground for annulment in Colorado.
How do I get an annulment in Colorado? What is the process?
To get an annulment in Colorado, follow these steps:
- Meet Residency Requirements – If married in Colorado, you can file immediately. If married elsewhere, you or your spouse must have lived in Colorado for at least 30 days before filing.
- Ensure Valid Grounds – You must prove a legal reason for annulment, such as fraud or incapacity; a short marriage or regret is not enough.
- File a Petition – Submit a “Petition for Declaration of Invalidity of Marriage” in the district court where you or your spouse lives.
- Serve Your Spouse – Officially deliver the petition, allowing them to respond or contest.
- Attend a Hearing (if required) – If uncontested, a judge may grant the annulment without a hearing. If contested, both sides present evidence in court.
- Receive the Judge’s Decision – If approved, the judge issues a decree declaring the marriage invalid. If denied, you may need to file for divorce instead.
How long do annulments take?
Annulments do not take nearly as long as divorce proceedings, but they do not happen overnight either. After filing a petition for annulment, the other party has 21 days to file an answer to the petition. The court will ultimately set the case for a hearing (essentially a trial), and the parties will be allowed to provide evidence to the court to support their cases. How long this takes in large part depends on how long it takes the court to set the matter for hearing, which depends on how busy their dockets are at the time the case is to be heard.
