Annulment in Colorado: When a Marriage Can Be Declared Invalid

An annulment treats a marriage as if it was never valid, while a divorce ends a marriage that was. Colorado does not use the word annulment in its statute; the court enters a decree declaring the invalidity of the marriage, which works the same way.

This page covers who qualifies, the deadlines that apply to each ground, how the case is filed, and what a declaration of invalidity does and does not change.

Annulment Versus Divorce in Colorado

A Colorado divorce requires only that the marriage is irretrievably broken. A declaration of invalidity requires proof of one of the specific grounds the statute lists, as of the date of the marriage.

When the court grants it, the marriage is declared invalid as of the date it was entered into.¹ There is no minimum length of marriage, but the deadlines below make timing important.

Grounds for a Declaration of Invalidity

The court must enter a decree of invalidity if one of these circumstances existed when the marriage was entered into:²

• A party lacked capacity to consent because of mental incapacity or infirmity, or the influence of alcohol, drugs, or other incapacitating substances.
• A party could not consummate the marriage, and the other party did not know of that incapacity at the time.
• A party was under the legal age and did not have the parental, guardian, or judicial approval the law required.
• One party relied on a fraudulent act or representation that goes to the essence of the marriage.
• One or both parties married under duress, whether or not the other party knew of it.
• One or both parties married as a jest or dare.
• The marriage is prohibited by law, such as a marriage entered before a prior marriage was dissolved, certain marriages between close relatives, or a marriage void where it was entered.

Fraud has to go to the essence of the marriage. A partner’s misrepresentation about finances or background alone usually is not enough; the fraud must concern something fundamental to the marriage itself.

Deadlines Depend on the Ground

The time to file is set by statute and runs from when the person filing learned of the problem, not from the wedding date:³

• Lack of capacity, fraud, duress, or jest or dare: No later than six months after the petitioner obtained knowledge of the condition.
• Inability to consummate: No later than one year after the petitioner obtained knowledge of the condition.
• Underage marriage: By the underage party, a parent, or a guardian, within 24 months after the marriage was entered into.
• Marriage prohibited by law: At any time before the death of either party, and in limited cases during administration of an estate.

Except for prohibited marriages, a declaration of invalidity cannot be sought after either spouse has died. Missing the deadline usually means the only path is divorce.

The deadline that applies depends on the ground and on when you learned of it, which is often the first question to resolve. Johnson Law Group offers a no-pressure consultation to review the facts with you, so schedule a consultation before the window closes.

Residency and Filing

No decree can be entered unless one party has been domiciled in Colorado for 30 days before filing, or the marriage was entered into in Colorado.⁴ The 91-day domicile rule for divorce does not apply.

The case is filed in district court with a Petition for Declaration of Invalidity of Marriage, and the other spouse is served with a summons. The Colorado Judicial Branch publishes the instructions and forms for this process.⁵

What a Declaration of Invalidity Changes

Even though the marriage is treated as invalid, the court still has authority over the practical issues. The statute applies the same rules on property, maintenance, child support, and the allocation of parental responsibilities that apply in a divorce.⁶

A declaration of invalidity does not change a child’s relationship to either parent. Children born during the marriage keep the same legal status, and parentage, parenting time, and support are decided under the usual standards.

Talk With a Colorado Family Law Attorney

Whether a marriage qualifies for invalidity turns on narrow grounds and short deadlines, and divorce is sometimes the better path. Johnson Law Group is here to help.

The attorneys at Johnson Law Group review whether invalidity or divorce fits your facts and will give you a clear read on the deadline that applies. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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