Annulment is a legal concept that makes a determination about marital status. Unlike divorce, which dissolves a legally valid marriage, an annulment in Colorado ends a marriage by declaring that it was never valid in the first place. After an annulment, the existence of the marriage is not recognized in the eyes of the law. Many people prefer an annulment over divorce to avoid the stigma; others choose this route because it may be easier for them to remarry in their church. Whatever the reason, there are certain conditions and deadlines that must be met in order to get a marriage annulled.
The specific requirements for annulment vary from state to state, but in Colorado, a marriage can be voided for one of the following reasons:
Colorado does not have an official action specifically called an “annulment.” Rather, couples can file for a “declaration of invalidity,” which nullifies the marriage. In order to file for a declaration of invalidity in Colorado, an individual must have lived in Colorado for at least 30 days before the start of proceedings (if they were married in Colorado, this waiting period does not apply).
While most states assume that invalid marriages cannot technically have marital estates, Colorado provides that the same property division, alimony, and child custody and support laws that apply to divorce also apply to annulment. Thus, couples who annul their marriages will have their property divided, debt reassessed, and alimony payments determined. If children are involved, child custody and visitation schedules will also be put into place.
Whether you think you might be eligible for an annulment or are considering a divorce, Modern Family Law is ready to assist you. Because annulment law requires that certain strict deadlines be met, it is important not to delay in calling our firm as soon as possible to begin filing your petition. Get started with a FREE consultation with a Colorado divorce attorney from our firm. We proudly serve families throughout Colorado and California.