(719) 328-1616

Annulment

Annulment

An annulment is distinct from a divorce. Whereas a divorce legally ends a marriage, an annulment makes a marriage invalid, as if it never happened. Colorado law refers to an annulment as a Declaration of Invalidity.

If you or someone you know is pursuing an annulment, it is vital to retain legal representation. A qualified family law attorney can provide legal counsel to you during this challenging time.

Colorado Annulment Attorneys

The annulment process in Colorado is far from simple. However, with the assistance of an experienced annulment lawyer, you can rest assured that your rights, financial security, and well-being will be protected during the process. At Law Offices of Clifton Black, PC, our Denver family law attorneys are equipped with the experience and skills necessary to assist you during this difficult time.

To schedule a consultation and discuss your legal options, call Law Offices of Clifton Black, PC at (719) 328-1616. We know how to make the annulment process work in your favor.

Our attorneys serve clients in the Denver metropolitan area including Denver, Boulder, Aurora, Arvada, Castle Rock, Greenwood Village, and Brighton.


Back to top

Information Center


Back to top

Invalid Marriages

Annulling a marriage in Colorado requires a showing that the marriage was invalid. An attempted wedding can be invalid for several reasons, as outlined in Colorado Revised Statute 14-10-111.

  • In most cases, both spouses must be of age for a marriage to be legal. However, underage individuals can get married if they have parental consent or the court’s approval. People who get married under 18 years of age can get their marriages annulled if they do not have parental consent or the court’s consent for the union.
  • For a marriage to be valid, both parties must consent to be married. The union is not legitimate if at least one person in the marriage does not agree to be wed. In Colorado, people have six months after a wedding to annul a marriage for lack of consent. A marriage can also be invalid when at least one of the parties could not consent to the wedding at the time it was made official because of their mental state. For instance, if one person got very drunk and got married, they could get it annulled because they did not have the mental capacity necessary to consent to marriage. For instance, a marriage during a drunken night in Las Vegas could be invalid if at least one person was too intoxicated to consent to the marriage. Additionally, people who experienced mental illnesses might be able to show that they could not agree to a union.
  • Colorado law recognizes sexual intimacy as part of a marriage. If one person in a marriage cannot have sex, and the other person did not know this before getting married, then the marriage can be annulled.
  • Fraud is another reason for annulment. If one of the parties agreed to the marriage because of a lie, the victim of fraud could have the marriage annulled. They must file the annulment within six months following the discovery of the fraud, and the lie or misrepresentation must be a central reason why the parties married.
  • If one, or both, members of the couple agreed to the marriage under threat, they could annul the union. The person making the threat or exerting force can be a member of the couple or a third party.
  • Both members of the couple must be sincere for the marriage to be valid. If one or both people were joking or had a sham wedding, then the marriage was not valid, and they could annul it. Suppose two individuals get married on a dare. In that case, they could cancel the marriage.
  • Illegal marriages are invalid, and thus illegality is grounds for annulment. If one person was already married at the time of the union, the marriage is illegal, invalid, and subject to annulment. Since bigamy is illegal in Colorado, a marriage can be invalid if a spouse was previously married and the earlier marriage was annulled or terminated through divorce. Close relatives, such as full and half-siblings, ancestors and descendants, and aunts, uncles, nieces, and nephews, cannot marry. Additionally, if the marriage is void in the jurisdiction where it took place, it can be annulled in Colorado. Under Colorado Revised Statutes 18-6-301, incest is a crime classified as a Class four felony. Individuals who marry close biological relatives can be prosecuted in Colorado.

Back to top

Declaration of Invalidity

Individuals must first have been married in Colorado or reside in the state for the past 30 days to be able to obtain a Declaration of Invalidity in Colorado. People must file the required court forms within the statute of limitations–the period of time within which they can get a marriage annulled. Otherwise, they might have to file for divorce to terminate the marriage legally and officially.

The Colorado Judicial Branch’s forms explain how to nullify a marriage. Following the instructions precisely is crucial to having a marriage annulled successfully. People who want to have marriages annulled can benefit from the expertise of a Colorado family law attorney that understands Colorado’s marriage annulment process. Colorado’s marriage annulment process can be complex. A Colorado family law lawyer can help individuals understand Colorado laws and defend their rights.


Back to top

People Who Can Annul A Marriage in Colorado

In Colorado, an individual member of the couple can ask the court to annul a marriage, and both individuals can seek to have the marriage annulled jointly. Additionally, a third party can annul a marriage in particular cases. A parent of a minor can ask the court to cancel the legal union. The legal spouses in cases of bigamous, polygamous, or incestuous marriage can seek to have marriages annulled. State officials can also request Declarations of Invalidity in marriages. Children of either party have standing to have marriages annulled.


Back to top

Additional Resources

Invalidate A Marriage: The Colorado Judicial Branch has the forms required to annul a marriage in one place on its website and instructions about how to annul a marriage. The Annulment Flowchart shows the steps for annulling a marriage, whether a person is filing on their own or jointly, and provides for situations where individuals agree or disagree on what happened. There are instructions for how to file a Declaration of Marriage Invalidity. The website also provides the forms necessary for annulling a marriage.

Self Help and Forms: Self Help and Forms are available with the Colorado Judicial Branch, which has information addressing the following issues:

  • How do I annul or cancel my marriage?
  • How do I annul or cancel my civil union?
  • How do I answer if I receive paperwork asking for an annulment?

Colorado Revised Statute 14-10-111: Colorado Revised Statute 14-10-111 explains what constitutes an invalid marriage in Colorado.


Back to top

Denver Annulment Lawyers | Denver County, CO

No matter your reasons for pursuing an annulment, you will definitely need legal help to make the process feasible. Our family law attorneys at Law Offices of Clifton Black, PC have years of experience in family law and are prepared to do everything possible to serve you during this time. We can help you work toward the result you desire.

Law Offices of Clifton Black, PC accepts clients in Denver, Colorado Springs and across the surrounding areas of El Paso, Pueblo, Teller, Douglas, Denver, Elbert, Fremont, Pueblo, Lincoln, and Arapahoe Counties. Call (719) 328-1616 to schedule a consultation with Law Offices of Clifton Black, PC today.


Back to top

 

Law Offices of Clifton Black, P.C.