Navigating family law can feel like an uphill battle, especially when grappling with a marriage that feels like a mistake. You may be wondering if there’s a way to start afresh. That’s where annulment comes in.
An annulment is a declaration that can provide emotional relief and a sense of closure for those in a marriage that they believe should never have occurred. However, navigating the grounds for annulment, understanding the legal implications, and dealing with the court proceedings can be challenging without legal guidance.
At Halligan LLC, we understand the emotional confusion you are feeling. We’ve seen firsthand how the decision to end a marriage can be fraught with uncertainty and countless questions. As Denver’s premier family law firm, Halligan LLC has a successful track record of assisting clients who are going through complicated annulments and fighting for their legal rights. Contact us today for a free consultation.
Divorce vs. Annulment vs. Declaration of Invalidity
Divorce, annulment, and declaration of invalidity are all legal means to end a marriage, but they differ in their implications and processes.
- A divorce, or dissolution of marriage, is the end of a legally valid marriage. It recognizes that the marriage existed but has now ended. The process involves dividing assets and debts, potential spousal maintenance/support, and if the parties have children, it will also involve child custody, and child support.
- An annulment, on the other hand, declares that a marriage was never legally valid. It’s as if the marriage never happened in the eyes of the law. This might be an option for those who believe the circumstances surrounding their marriage satisfy the legal requirements for an annulment.
- In Colorado, a declaration of invalidity of marriage is essentially the state’s legal term for what is commonly known as an annulment in many other jurisdictions. It means that the court declares a marriage invalid because by reason of a specific legal impediment, the parties were incapable of contracting a valid marriage.
Potential Benefits of Annulment
While in most cases, the practical outcome between dissolution of marriage and a declaration of invalidity may be similar, some important distinctions exist:
Legal Status: With an annulment, you may legally state that you are single and have never been married to the other party.
Religious Considerations: For some, having a court determine that there was never a valid marriage may align with religious beliefs.
Benefit Reinstatement: In certain cases, annulment may enable the reinstatement of benefits (such as maintenance from a prior marriage) that were terminated by the current marriage.
Uncontested Annulments
The responding party (Respondent) in an invalidity action may choose not to contest the annulment; however, even with uncontested claims, the court ultimately decides the issue and it is possible it may determine the marriage is valid, particularly if collusion between parties is suspected.
Courts will only grant annulments based on grounds specifically listed under Colorado law. The court must find sufficient evidence of these grounds, and jurisdictional issues (such as where the marriage took place) may affect eligibility.
Financial Considerations in Annulment
Colorado law regarding spousal rights, maintenance, and child custody may also apply to annulments. However, courts may treat division of property differently in annulment cases involving fraud, potentially limiting what the party who committed fraud can receive to only the proportion attributable to their financial contributions.
Even if a marriage is declared invalid, the court can still issue orders for:
- Dividing property and debts
- Awarding spousal maintenance
- Establishing child support and custody arrangements
In Colorado, these issues follow essentially the same process as divorce cases. Therefore, any valid marital agreements may still be enforced, depending on the circumstances.
Grounds for Annulment
The following are the specific grounds under which a marriage can be declared invalid under Colorado law:
Lack of Capacity to Consent
One or both parties were unable to consent to the marriage due to mental incapacity, the influence of drugs or alcohol, or any other reason. It’s important to note that these circumstances must have been present at the time the marriage was solemnized and not developed later in the marriage.
Inability to Consummate the Marriage
One person lacks the physical capacity to consummate the marriage and the other party did not know of the incapacity at the time of the marriage, so long as the petition for invalidity is filed no later than one year after the petitioner obtained knowledge of the condition.
Age (No Parental Consent)
One or both parties were underage at the time of marriage and did not have the required consent of a parent, guardian, or judicial approval.
Fraud
One party entered into a marriage based on the other party’s fraudulent act or representation. In cases where one spouse is dishonest about crucial aspects of their life, such as their true motivation for marriage, health condition, or even their identity, there may be a valid reason for an annulment.
Duress
One or both parties entered into the marriage under duress, regardless of whether the other party had knowledge of the duress. This could include situations where a party was threatened with physical harm or was blackmailed into the marriage.
Marriage Was a Jest or Dare
One or both parties entered into the marriage as a joke or dare.
Marriage that Is Prohibited by Law
If one person was still legally married to someone else at the time of a subsequent marriage, the subsequent marriage is prohibited by law and may be grounds for annulment.
Marriages between close blood relatives are also prohibited by law and may be grounds for annulment. This includes marriages between a blood related brother and sister, ancestor and descendant (such as a father and daughter), and uncle/aunt and niece/nephew (with limited exceptions)
A marriage that is void by the law of the place where the marriage was contracted is prohibited by law and may be grounds for annulment.
Time Limit for Annulment in Colorado
The party seeking an annulment must file for a declaration of invalidity of marriage within specific time frames, depending on the legal grounds. Failing to file by the required deadline could mean losing your chance to have your marriage annulled.
- If the marriage is claimed to be invalid due to lack of capacity to consent, fraudulent representations, duress, or because the marriage is the result of a jest or dare, the action must be filed no later than six months after the petitioner obtained knowledge of the described condition.
- For physical incapacity, the action must be filed within one year of discovering the incapacity.
- For underage age marriage lacking required consent, the action must be filed within twenty-four months of the date of marriage.
Any claim of invalidity of marriage based on the above grounds must be brought prior to the death of either party to the marriage.
The time limit to file an action for invalidity of marriage that is prohibited by law is must different than those for the grounds outlined above. Such an action may be filed at any time prior to the death of either party or prior to settlement of the estate of either party and the discharge of the personal representative, executor, or administrator of the estate, or prior to six months after the estate is closed. Additionally, for marriages prohibited by law, the action for invalidity of marriage may be brought by either party, the legal spouse to a bigamous or incestuous marriage, a state official, or by a child of either party.
Contact Us for a Free Consultation
Annulment laws are difficult to navigate without legal help. An experienced family law attorney can guide you through the process and ensure you file within the appropriate timeframe.
At Halligan LLC, we are committed to providing the support and experience you need during this difficult time. Let us help you navigate the complexities of the annulment laws and secure the best possible outcome for your situation. Contact us today for a free consultation.
Frequently Asked Questions
How long do annulment proceedings take in Colorado?
The duration of proceedings for the invalidity of marriage varies based on the complexity of the case and the court’s schedule. Once a petition for invalidity of marriage is filed, Colorado law does not require a 91-day waiting period before a decree can be issued, as it does in divorce. However, it could take longer depending upon the sufficiency of the grounds alleged, whether there are disputes about the grounds for invalidity, if one party contests it, and other circumstances.
Do I need an annulment attorney in Colorado?
While it’s technically possible to file for invalidity of marriage on your own, it’s highly recommended that you seek legal counsel, as navigating invalidity of marriage requires a thorough understanding of family law.
