Understanding Marriage Annulment in Colorado

In Colorado, an annulment is a procedure that legally declares a marriage invalid. It is generally referred to as a Declaration of Invalidity and is governed by the Colorado Revised Statutes, specifically Section 14-10-111 of its Domestic Matters laws. The central argument for annulment of marriages is that the marriage was invalid from the start, based on a foundational flaw that was present when the marriage occurred.

Annulments and divorces differ in one critical aspect. While annulments are declarations that the marriage was invalid from the start and never legal, divorce is a process to terminate a valid marriage legally. In a divorce case, the court acknowledges that a legal marriage existed and the accompanying record remains valid. In contrast, in an annulment, the court finds a serious issue that renders the marriage contract null and void.

The legal purpose of an annulment is to provide an option for anyone trapped in a marriage that was faulty from the outset. It allows a spouse to escape the legal bonds of the flawed marriage without the divorce stigma and reinstates their single status as if the marriage never happened.

A spouse cannot seek an annulment at will; instead, there must be serious reasons for the petition. Colorado law sets down limited and specific grounds for annulments, including the following:

• Lack of mental capacity to consent to the marriage
• Lack of physical capacity to consummate the marriage
• A party was underage at the time of the marriage without parental consent
• One or both spouses entered the marriage, in jest, by force, or under duress
• The marriage was incestuous
• One spouse was already legally married to another at the time of the wedding.

The granting of an annulment in Colorado results in certain outcomes, including the following:

• The couple will be issued a Decree of Invalidity of Marriage as proof of the annulment.
• Assets and debt will be divided based on the principles of equitable division, as there are no marital assets.
• Parental responsibilities are decided and enforced by court orders.
• Spousal maintenance may be awarded in cases where a party was unaware of the marriage’s invalidity or to avoid unfair hardship.
• A spouse may request that the court reinstate their former name.

Grounds for Annulment in Colorado

Colorado law establishes several grounds for annulments under C.R.S. § 14-10-111(1). The district court may issue a decree invalidating a marriage that was entered into under any of the following circumstances:

• One party lacked the mental capacity to consent to the marriage at the time it was solemnized. This includes mental infirmity or being under the influence of drugs, alcohol, or another incapacitating substance.
• One of the parties lacked the physical capacity to consummate the marriage via intercourse, and the other party was unaware of this when the marriage was solemnized.
• A party was underage by law and did not have consent from their parents, legal guardians, or judicial approval.
• One party entered the marriage based on a fraudulent act or representation by the other party that was essential to the marriage.
• One or both parties entered the marriage by force or under duress, whether or not the other party was aware.
• One or both of the parties entered into the marriage as a joke or dare,

A marriage may also be prohibited by law, and thereby open to annulment under the following conditions in C.R.S. § 14-10-111(1)(g):

• The marriage was incestuous, between an ancestor and descendant, father and child, or brother and sister, whether the relationship is by half or whole blood.
• The marriage was entered into before the dissolution of a previous marriage of one of the parties.
• The marriage was void by the laws in the location where it was contracted.

Eligibility Requirements for an Annulment in Colorado

The right to file for an annulment is not automatically granted to anyone; rather, Colorado law specifies who is entitled to file based on the specific ground for the annulment:

• In most cases, the injured party or the spouse who was victimized by the invalid marriage is the person who must file. This includes cases where a party was mentally impaired, the marriage was a joke or dare, a spouse was coerced or forced, or a spouse was defrauded. The petition must be filed within six months after the issue or condition was discovered.
• Either of the spouses may file for an annulment in cases where a party lacked the physical capability to consummate the marriage. Either party may file for annulment within one year after the condition was discovered.
• For an underage marriage, the underage party, their parents, or legal guardian may file within 24 months of the date the marriage was held.
• In the case of a marriage that is immediately void by law, either party can seek an annulment.
• The legal spouse may file for an annulment in the case of a bigamous or incestuous marriage.

According to C.R.S. § 14-10-111(7), an annulment cannot be entered unless one of the parties has lived in Colorado for 30 days before filing or unless the marriage was contracted in the state.

Although Colorado allows both religious and civil annulments, the state’s court system only offers civil annulments. Religious institutions may offer religious annulments, but these have no legal effects on a couple’s marital status under Colorado law. Only civil annulments granted by the local courts have legal effects in the state.

How to Get a Marriage Annulled in Colorado

There are different ways to file for an Annulment in Colorado. Spouses can file the paperwork together, or a petitioner may file for the annulment on their own. Interested parties may file for an annulment in Colorado by following the steps:

• Determine the correct court to file. Annulments are to be filed in the District Court for the county where the petitioner or their spouse resides.
• Gather and fill out the required forms. These include the JDF 1000 Case Information Sheet, JDF 1601 Petition for Declaration of Invalidity of Marriage, and JDF 1602 Summons for Declaration of Invalidity of Marriage. For detailed instructions on how to complete these forms, obtain the JDF 1600, Instructions to File for a Declaration of Invalidity of Marriage. If a couple is filing for annulment together, they must fill out the JDF 1041 petition form. Everyone must complete the verification section on the last page of the petition.
• The forms should be submitted in person to the clerk at the courthouse counter. Ask the clerk to file the case and pay the filing fee of $230. Suppose the petitioner cannot pay the fees; in that case, they may fill out and submit the JDF 205 Motion to File Without Payment form with the Supporting Financial Affidavit and the JDF 206 Finding and Order Concerning Payment of Fees form to request a waiver of the filing fee.
• Complete any other county-specific forms and follow any instructions given by the clerk.
• After filing the petition and all other documentation at the court, the petitioner must arrange for copies of the JDF 1601 Petition for Declaration of Invalidity of Marriage form and JDF 1602 Summons form to be served on their spouse. To understand the process and how to arrange for service, consult the Self-Help Service of Process section of the Colorado Judiciary website.
• After the paperwork is filed, the court clerk will provide the petitioner with a Case Management Order containing all the information about the case, including the additional required forms and the initial status conference date. The spouse must be given 14 days' notice, as both parties must attend the conference.
• The conference involves a meeting with a Family Court Facilitator to understand the process and the next steps to take. After the conference, there may be negotiation or mediation to settle any contested issues. If agreement cannot be reached, then a formal court hearing or trial will be scheduled.
• At the hearing, both parties will provide evidence and testimony for the judge’s consideration. At the end of the hearing, the judge will sign the Decree of Declaration of Invalidity of Marriage, granting the annulment.

Annulments can also be filed electronically by creating an account on the Colorado Courts eFiling System and submitting the petition online. Not all counties offer this option, so it is recommended that the petitioner check its availability with the county clerk.

Required Forms and Documentation for a Colorado Annulment

The following are some of the forms and documentation required to file for an annulment in the State of Colorado:

• JDF 1000 Case Information Sheet
• JDF 1041 Petition for Declaration of Invalidity of Marriage (if filing as a couple).
• JDF 1601 Petition for Declaration of Invalidity of Marriage (if only one spouse is filing)
• JDF 1602 Summons for Declaration of Invalidity of Marriage (served to your spouse)
• JDF 1603 Decree of Declaration of Invalidity of Marriage (final document that is signed to grant the annulment)

Additional forms that may be required during the annulment process include the following:

• JDF 1111 Sworn Financial Statement and JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e) used for financial disclosure.
• JDF 1115 Separation Agreement
• JDF 1113 Parenting Plan
• JDF 1117 Support Order
• JDF 1129 Petitioner/Co-Petitioner/Respondent Pre-Trial Statement
• JDF 205 Motion to File Without Payment and Supporting Financial Affidavit (fee waiver request)
• JDF 206 Finding and Order Concerning Payment of Fees

Interested parties may search for or download these forms from the Forms section of the Colorado Judiciary website.

Where to File for an Annulment in Colorado

An annulment, also known as a "Declaration of Invalidity of Marriage" in Colorado, must be filed in the District Court or Family Court division of the District Court in the county where the petitioner or their spouse maintains a residence or currently resides. It does not have to be the county where the marriage was held unless one of the couple still lives there. If the marriage was held outside Colorado, then either spouses must have lived in Colorado for at least 30 days before they can file for annulment in the state.

Although the general annulment process remains the same, court fees, procedures, and deadlines may vary by jurisdiction. It is recommended that petitioners contact their local district court for their specific rules and resources. It may also be prudent to consult a licensed Colorado attorney for advice that can be tailored to their particular case.

Annulment Timelines and Waiting Periods in Colorado

Unlike divorce in Colorado, which has a 91-day waiting period, there is no mandatory waiting period for annulments. The state has a residency requirement that requires at least one of the spouses to have resided in Colorado for at least 30 days before filing for an annulment in the state. However, after the petition is filed, there is no statutory or minimum waiting period before the annulment can be granted and the decree signed.

Typically, there is no fixed timeline for annulment; the duration of an annulment case will depend heavily on the type and complexity of the case. An uncontested annulment is one where both parties agree to it, set the grounds, and provide all the necessary paperwork quickly and completely. These kinds of cases can move quite quickly, and the annulment may be over within a few months. Contested annulments, on the other hand, may take significantly longer. As the grounds are contested, evidence and testimony will be gathered, hearings will be scheduled, and a trial may be necessary, which affects the length of the case.
Factors that can speed up an annulment case include the following:

• An uncontested case where both spouses agree on the grounds and settle other issues, such as asset sharing and parenting responsibilities, will be much quicker, as the need for lengthy discovery and negotiations is avoided.
• When the grounds for the annulment are clear and supported by undeniable evidence, such as a valid birth certificate showing a spouse was underage or a certified marriage certificate proving a pre-existing, undissolved marriage, the court may rule quickly without the need for a long trial.
• The annulment may also proceed swiftly when there are no complex side issues, such as no children, minimal assets, and no significant financial problems like debt.

On the other hand, factors that may delay the annulment include the following:

• The most significant source of delay is if the grounds for the annulment are contested. This makes the case a long process, taking many months, and that may require a trial at the end.
• Extensive evidence or testimony may be required in certain contested cases, such as a lack of capacity, forced marriage, or fraud.
• Even if the main annulment is agreed upon, other issues, such as parenting responsibilities, asset or debt division, child custody, and support, must still be resolved. Such issues must be resolved before the annulment is granted, which may add significant time to the process.
• Sometimes, locating the other party to serve them the papers may prove difficult. This adds time to the case, as the process cannot start without this task being completed.
• Errors such as incomplete or missing documents, including financial disclosures or parenting plans, may result in delays until the mistakes are rectified.
• Administrative issues at the court, including case backlogs or delayed hearings and status conferences, may also cause delays in cases.

Costs and Court Fees for an Annulment in Colorado

The general costs for an annulment in Colorado may vary by jurisdiction, but are typically determined by whether the case is contested or uncontested. Contested cases are significantly more expensive as grounds are specific and may be complex and costly to prove. Hiring or consulting legal professionals may also be a factor in determining the cost of a case.

Some mandatory fees to be paid to the court when filing an annulment case include the following:

• The petition filing fee is the initial fee paid when filing the "Petition for Declaration of Invalidity of Marriage". This costs $230 and is consistent across all Colorado districts.
• If the annulment is contested, filing the response will cost the other spouse $116.
• Many Colorado districts also charge a case management fee to cover administrative costs associated with adding the case to the court’s case management system. It may be charged at the initial filing or after the case has been filed and costs $99.
• The service process costs to notify the other spouse of the petition legally may range from $20 to $100. This can be done using the local sheriff’s office, a private process server, or certified mail.

Attorney fees are often the largest cost, but are also quite variable. It is worth noting that self-representation is an option and can help reduce costs by eliminating attorney fees; however, this approach is only advisable for the most straightforward uncontested cases. Self-help resources for Annulment Cases are available on the Colorado Judicial Branch website. Most attorneys charge by the hour, so the total cost depends on the complexity of the case and the time it takes to resolve.

• Most attorneys will charge a flat rate for simple, uncontested cases. This can range from approximately $1,500 to $3,000, depending on the case. A contested or more complicated annulment will generally cost more, particularly if it involves extensive research, evidence gathering, testimony, and court hearings. It is recommended to request an initial consultation to obtain case-specific details. A contested annulment may cost over $10,000.

Additional costs may include the following:

• Mediation fees are required if mediation is required to settle disputes over assets or parenting responsibilities. These sessions may cost between $150 and $500 each.
• The court may order parenting classes to educate parents on the effects that separation may have on their children. The classes cost up to $100 per person.
• While a minor expense, the cost of copying documents and mailing correspondence can add up in long, complex cases.

The state provides options when a petitioner cannot afford the court costs associated with the annulment process. Petitioners may fill out and submit the JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the JDF 206 Finding and Order Concerning Payment of Fees. If the petitioner can demonstrate eligibility, they may qualify to have certain fees waived, including filing fees, e-filing or e-services fees, reasonable copy fees, and form/instruction fees. Interested parties may consult their local clerk and the forms for eligibility requirements.

After the Annulment: What Happens Next?

Several legal and practical effects come into play after an annulment is granted in Colorado. Although the annulment determines that the marriage was never legally valid, the court still ensures that the real-life consequences of the relationship are addressed. The following are some of the effects of annulment on the couple after it is granted:

• The annulment decree legally restores each spouse to their single status immediately, as if the marriage never occurred. oth parties are now free to remarry immediately with no waiting period. Although the marriage certificate remains on record, it will be marked as voided by court order, while the annulment decree will be on record, clarifying the case.
• While the annulment declares the marriage invalid, Colorado courts will still divide any assets and debts acquired during the marriage. The court will oversee the equitable distribution of assets and debts. This aims to ensure fairness, particularly if a spouse contributed to assets or relied on the marriage for financial stability.
• If there are children from the marriage, their legitimacy is fully protected by law. The court may issue orders for parenting responsibilities, including custody, support, and parenting schedules, using the same legal standards used in divorce or other legal separations.
• The court may award spousal support or maintenance, similar to divorce, depending on the case. This may occur in cases where one party was financially dependent or sacrificed opportunities for the sake of the relationship.
• Procedures that rely on the validity of a previous marriage, such as immigration and benefits, may be negatively affected, unless the court specifically reaffirms them during the annulment.

Both spouses should retain certified copies of the Decree of Invalidity for their personal and legal records. These will be required for updating identification or passports, restoring their name, or clarifying marital history for financial or government reasons.