ANNULMENT ATTORNEYS
IN COLORADO
Modern Family Law's compassionate annulment lawyers in Colorado assist client's seeking to end a marriage that is considered voidable under the state's laws. Our lawyers specialize in handling annulment cases, declaration of invalidity as it is know in Colorado, and can assist you with navigating the process, ensuring that your rights and interests are protected.
With their extensive knowledge and experience in the field, MFL's declaration of invalidity lawyers can help you obtain a court order declaring your marriage as null and void, thereby allowing you to move forward with your life. Learn about annulment in Colorado below including:
Our experienced Colorado annulment attorneys want to help you take control of your future. They are here to guide you through the declaration of invalidity process and ensure that your rights and interests are protected. Don't let a void or voidable marriage hold you back any longer. Contact us today for a confidential consultation and take the first step towards a brighter future.
WHAT IS AN ANNULMENT
IN COLORADO?
In Colorado, an annulment is referred to as a "Declaration of Invalidity of Marriage". It is a legal determination that the marriage never existed, often because one of the parties lacked the capacity to enter into a voluntary and conscious agreement at the time of the marriage. Practically, the outcome of an annulment and a divorce is the same in Colorado.
However, for those who wish to avoid a divorce for moral, religious, or personal reasons, the legal distinction that the marriage never took place can be important. An annulment may also be sought by a party to regain benefits or payments lost upon marriage, such as spousal maintenance, social security benefits, or military medical benefits. It's important to note that a legal annulment is distinct from a religious annulment.
As outlined in C.R.S. § 14-10-111, When a marriage is declared invalid by the court, it is legally considered as though it never existed. This eliminates the need for a divorce process to formally end the marriage, as the court has determined that no valid marriage took place in the first place.
WHAT ARE THE GROUNDS FOR
AN ANNULMENT IN COLORADO?
In Colorado, a declaration of invalidity of marriage requires proof of specific legal grounds, unlike a dissolution of marriage which only requires that the marriage be irretrievably broken. These legal grounds, as outlined in C.R.S. § 14-10-111, include:
1. Lack of Capacity
This means that at the time of marriage, one spouse lacked the mental capacity to consent to the marriage due to mental incapacity, drugs, or alcohol.
2. Unable to Consummate
This becomes grounds for a declaration of invalidity of marriage if one spouse lacked the physical capacity to consummate the marriage and the other spouse was unaware of this at the time of marriage.
3. Age of Consent
One spouse was underage and did not have the consent of parents, guardians, or a Colorado family law court to marry.
4. Fraud
One spouse was induced to marry through fraud or misrepresentation that went to the essence of the marriage.
5. Duress
One spouse married under duress.
6. Jest
The marriage was entered into as a joke or dare.
7. Void Marriage
The marriage was void due to bigamy/polygamy, incest, or any other reason under the laws of the place where the marriage took place.
ARE THERE DEADLINES FOR FILING
AN ANNULMENT IN COLORADO?
There is a statute of limitations for filing for annulment in Colorado, which means that you must file for annulment within a certain period of time after the events that give rise to the grounds for annulment. As outlined by C.R.S. § 14-10-111, a Colorado annulment must be initiated within the following timeframes:
Timeframe For Filing On The Grounds Of
Capacity, Fraud, Consent, Duress, and Jest
Under these grounds, an annulment must be initiated by the aggrieved spouse (or a representative for a spouse who lacked the capacity to consent) within 6 months of discovering the grounds for annulment.
Timeframe For Filing On The Grounds Of
Lack of Physical Capacity to Consummate
Under these grounds, an annulment must be initiated by the aggrieved spouse within 12 months of discovering the grounds for annulment.
Timeframe For Filing On The Grounds Of
Void Marriage
Under these grounds, either spouse, their children, an appropriate state official, or the legal spouse in cases of bigamy/polygamy, can file for annulment at any time before the death of either spouse or settlement of their estate.
“A declaration of invalidity under subsection (1) of this section may be sought by any of the following persons and shall be commenced within the times specified, but in no event may a declaration of invalidity be sought after the death of either party to the marriage, except as provided in subsection (3) of this section:
(a) For the reasons set forth in either subsection (1)(a), (1)(d), (1)(e), or (1)(f) of this section, by either party to the marriage who was aggrieved by the conditions or by the legal representative of the party who lacked capacity to consent no later than six months after the petitioner obtained knowledge of the described condition;
(b) For the reason set forth in subsection (1)(b) of this section, by either party no later than one year after the petitioner obtained knowledge of the described condition;
(c) For the reason set forth in subsection (1)(c) of this section, by the underage party, his parent, or his guardian, if such action for declaration of invalidity of marriage is commenced within twenty-four months of the date the marriage was entered into.“
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FREQUENTLY ASKED QUESTIONS ABOUT
ANNULMENT IN COLORADO
How Long Does It Take To Get An Annulment In Colorado?
The process of obtaining an annulment in Colorado usually takes about two months, though the timeline can fluctuate based on the specific circumstances of the case and the court’s docket. To initiate the process, one must submit a petition for annulment to the district court located in the county where either spouse resides. The petition should clearly outline the reasons for seeking the annulment and be accompanied by the appropriate filing fee. Once the petition is submitted, it will be served to the other spouse.
After the petition is filed, a hearing will be scheduled within 45 days. During this hearing, both spouses will have a chance to present their evidence and testimony to support their stance. The court will then make a decision on whether to grant the annulment.
What Is The Cost Of Filing An Annulment In Colorado?
As outlined by the Colorado Judicial Branch, the filing fee for an Annulment (Declaration of Invalidity of Marriage) is $230. Beyond this, the cost of obtaining an annulment in Colorado can vary depending on several factors, such as the complexity of the case and the cost of hiring an attorney.
How Long Do I Have To Live In Colorado Before I Can File For An Annulment?
For those who were wed in Colorado, the annulment process can commence immediately. However, if the marriage took place outside of Colorado, either spouse must have resided in the state for a minimum of 30 days prior to initiating the case.
OUR COLORADO DIVORCE OFFICE LOCATIONS
FORT COLLINS
DIVORCE LAWYERS
3711 John F Kennedy Pkwy Suite 225,
Fort Collins, CO 80525
(970) 410-8241
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