The Difference Between a Divorce and an Annulment in Colorado

In Colorado, divorce is the permanent dissolution of a marriage, usually due to irreconcilable differences, while annulment is the formal termination of marriage, declaring the marriage invalid. Divorce typically becomes effective on the day the proceedings are finalized and a divorce certificate is issued. In contrast, an annulment invalidates a marriage from the very beginning. In Colorado, the Catholic Church and the District Court grant annulment of marriages. Even the Catholic Church may only proceed with an annulment hearing after the couple has been legally divorced in court because only a court can issue a divorce decree.

What is a Colorado Divorce Decree?

According to C. R. S. 14–2–302(3), marital dissolution/divorce usually ends with a court decree. A court judge pronounces the divorce decree at the end of a divorce proceeding. A divorce certificate is usually issued afterward to the separating partners and is typically binding on both parties involved.

Family court documents generally include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in Colorado?

Pursuant to C. R. S.14–10–103(2), an annulment refers to the declaration of marriage as invalid. It may be a civil annulment, that is, carried out in a court of law or an ecclesiastical annulment by a Catholic Church Annulment Tribunal in affiliation with a civil appellate court. Following C. R. S.14–10–111(2&3), a declaration of invalidity cannot be sought after the death of either party in a marriage, except there is a final resolution on the estate of either party after demise.

Annulment records are generally accessible by contacting the court clerk of the county/district court where the annulment was granted and paying the applicable fees. Requestors must be relatives or representatives of the couple involved in the annulment process and show proof of the relationship.

Annulment vs Divorce in Colorado

Annulment and divorce are similar in that they both end a marital union. In Colorado, one or both parties seeking the divorce must have lived for 91 days in the state before filing in court. For annulment, the two parties should have lived in Colorado for at least 30 days.

While one or both parties in a marriage can file a divorce, an annulment action may be filed by various parties, including either party involved in the marriage annulment, the parents of an underage party, the state, and the children of either party. The criteria for declaring a marriage invalid generally include:

• Mental incapacitation resulting from illness or substance-like drugs or alcohol.
• Inability to consummate the marriage (impotence).
• Age, child marriage with the absence of parents, guardians, or judicial consent/approval as provided by law.
• Deception into marriage by fraudulent act or misrepresentation of the other party.
• Coercion/duress of any form at the point of marriage.
• One or both parties got married as a jest or dare.
• Others are marriages that occurred before the dissolution of an earlier union (polygamy or bigamy), within certain degrees of kindred (including all forms of incestuous marriages), and marriages prohibited by local area laws.

For a case of divorce, according to C. R. S.14–10–106, the marriage must be irretrievably broken as this is the only criterion to grant a divorce.

Is an Annulment Cheaper Than Divorce In Colorado?

Although an annulment is relatively cheaper than divorce, it may be a more expensive option when contested. According to CRS 13–32–101(1)(a), the current filing fee for divorce and annulment petitions is $230. An annulment does not typically conclude swiftly (at least 18 months on average in ecclesiastical annulments) because the parties involved are usually required to prove that there are suitable grounds for the marriage’s invalidity.

What is an Uncontested Divorce in Colorado?

An uncontested divorce is a type of divorce where both spouses agree on all disputing matters and divorce-related issues before filing a divorce petition. This, unlike a contested divorce, is easier to finalize because there are no tangible reasons that require a delay. An uncontested divorce may also be referred to as a “decree upon affidavit,” which means that a court can grant the divorce without an appearance. According to the provisions, C. R.S 14–10 of the Colorado Revised Statutes, eligibility for an uncontested divorce generally requires spouses to:

• Have lived in Colorado for about 90 days or more.
• Have signed an agreement upon separation that covers property division and spousal support.
• Have agreed that the marriage is irretrievably broken.
• Ascertain that there are no minors and neither spouse is pregnant. If there are minors, an agreement that oversees child custody, visitation schedule, and child support must be in place.
• Show that the other party has been served with the affidavit.

Where To Get An Uncontested Divorce Form in Colorado

In Colorado, spouses seeking divorce may obtain the forms online. However, the forms should be personally delivered to the court to initiate the process of an uncontested divorce. Spouses may begin filing by submitting an “affidavit for decree without the appearance of parties” in the district court. Both spouses may do this process as co-petitioners or individually as the petitioner and the respondent. If one party files the affidavit for the decree, the other party can expect to receive a copy. After this, the judge typically holds a hearing to certify the fulfillment of all requirements. Within the stipulated period of 90 days, a “decree of dissolution of marriage” will be issued.

Generally, divorce records are public records in Colorado. The Colorado open acts records provide that some divorce records may be sealed or redacted due to certain confidential information.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in Colorado?

Divorce decrees are court documents mainly containing spousal support, child support, property division, and visitation schedule. It may also serve as the final judgment from the court. In cases where the divorce goes to trial, the divorce decree will spell out the terms and conditions that both parties are expected to uphold. The Colorado Department of Health and Environment documents and maintains divorce decrees. These records are accessible physically at the office of the clerk of the court where the divorce was completed. Requesting parties are to:

• Find the office of the clerk of court in the county where the divorce was finalized.
• Submit in-person or mail requests to the office of the clerk of court.
• Pay the appropriate fee.
• To aid the search, information regarding the divorce, including the names of the divorced parties, the location of the divorce, and the divorce date, may be required.

Divorce and marriage records may also be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain, and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How Do I Get a Colorado Divorce Decree Online?

Colorado divorce decrees are not obtainable online but physically at the office of the court clerk. Before inspecting these records, queriers must tender a valid means of identification and a justification of interest, and proof of relationship.