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Erasing the Existence of a Marriage
It is a common assumption that annulment works to nullify a marriage soon after it began in order to avoid filing for divorce and going through that process; however, it does not work this way in Colorado. In order to “annul” a marriage, you must be able to prove that your marriage is not legally valid, and the state has specific guidelines that must be met in order to do this.
Learn more about how annulment works in Colorado below.
The Correct Terminology
Legally speaking, Colorado does not make provision for an annulment; however, a similar action known as “declaration of invalidity” exists within the law. A declaration of invalidity means that the courts find a marriage to be invalid and thereby erase its existence as if it never happened.
Reasons for Invalidating a Marriage
Under Colorado law, a couple can only seek to invalidate their marriage if one of the following statements can be proven true:
One spouse is unable to consummate the marriage due to some condition or issue, and the other spouse had no knowledge of that condition.
One or both spouses entered into the marriage due to someone else forcing them to.
One or both spouses entered into the marriage unaware of their actions or while incapable of rational thinking. This could be due to one spouse being under the influence of alcohol or drug use or having a pre-existing mental condition.
One or both spouses agreed to get married out of a dare or as a joke.
The marriage is void because one spouse is still married to someone else or the marriage is a polygamous relationship.
One or both spouses is under the legal age of marriage and does not have the consent of a parent or guardian.
The marriage exists because of fraud.
No matter the reason for choosing to seek invalidation, you must be able to provide evidence that your marriage qualifies for a declaration of invalidity. If you are seeking to annul your marriage but do not meet the criteria listed above, then you must file for divorce
Consult with an Attorney
Regardless of whether you are seeking invalidation of a marriage or are filing for divorce, you need the help of a divorce attorney who understands Colorado law and can provide you with the proper guidance on how to move forward. At Drexler Law, our team can help you determine how best to move forward with your relationship and guide you throughout the process.
Learn more about ending a marriage in Colorado or speak with a member of our team by calling us at (719) 259-0050 or by visiting our website.
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