Many people assume that a Colorado annulment is simply an easy way to end a brief marriage. The reality is that a declaration of invalidity of marriage (the legal term for an "annulment" in Colorado) is a relatively uncommon procedure, and thanks to no-fault divorces, it is seldom easier than obtaining a Colorado divorce (dissolution of marriage).  Seeing celebrities like Britney Spears annul her Las Vegas marriage after only a day (not the Kevin Federline marriage, but the one to her high school friend) only fuels those beliefs.

From a practical perspective, there is no difference in outcome between an annulment and a dissolution in Colorado. The legal distinction is that in an annulment, the marriage effectively never happened, which may appeal to those who would rather avoid a divorce for religious reasons, or perhaps to reinstate benefits or payments lost when one party marries, such as maintenance or military medical benefits.

Legal Grounds for Annulment in Colorado

Unlike a dissolution of marriage, which requires simply that the marriage be irretrievably broken to proceed, a person seeking a declaration of invalidity of marriage in Colorado must prove one of the specific legal grounds. Talk to a Colorado family law attorney who knows Colorado annulment laws to see if your case meets one of the following criteria outlined in C.R.S. 14-10-111:

1. One spouse lacked the mental capacity to consent at the time of the marriage (e.g. mental incapacity, drugs, or alcohol),
2. One spouse lacked the physical capacity to consummate the marriage (i.e. cannot have intercourse), and the other did not know this at the time of marriage,
3. One spouse was under the age to consent to marriage (18, or 16 with consent, for a Colorado marriage) and did not have consent from parents, guardians, or a Colorado family law court to marry,
4. One spouse married because of the other's fraudulent act or misrepresentation which went "to the essence of the marriage",
5. One spouse married under duress,
6. One spouse married as a jest or dare, or
7. The marriage was void due to: bigamy/polygamy, incest (ancestor & descendant, siblings, uncle & niece, or aunt & nephew), or any other reason under the laws of the place where the marriage was entered into.

Colorado Annulment Deadlines

A Colorado annulment must be initiated within the following time frames, and only by the persons indicated:

1. Lack of mental capacity, fraud, duress, jest/dare: Within 6 months of learning of it, by the aggrieved spouse.
2. Lack of physical capacity to consummate marriage: Within 12 months of learning of it, by the aggrieved spouse.
3. Under age of consent: Within 24 months of marriage, by the underage spouse, or his/her parent or guardian.
4. Void marriage: Any time prior to one spouse's death or settlement of either spouse's estate, by either spouse, either spouse's children, an appropriate state official, or, in cases of bigamy/polygamy, the legal spouse.

Colorado Declaration of Invalidity of Marriage Procedure

The procedures for a Colorado annulment are identical to those for a divorce or legal separation with two key differences, both involving time lines.

Pursuant to C.R.S. 14-10-111(7), If the marriage was entered into in Colorado, an annulment can be initiated at any time. If it was an out-of-state marriage, at least one party must be a Colorado resident for 30 days before initiating the annulment (compare.  Compare this to a Colorado divorce or legal separation, which require a spouse to have been resident for 90 days prior to filing.

The other key procedural distinction between an annulment proceeding in Colorado and a divorce or legal separation is that there is no 90-day waiting period after the other party is served before obtaining the annulment.

However, except for the briefest of marriages not involving children, the Colorado family law court may still need to resolve pertaining to the division of marital property and debts, maintenance, and, if there are children, parenting rights and responsibilities and child support. So realistically, a contested annulment will take as long as a divorce or legal separation.  And even with an uncontested annulment, mere mortals rarely can find a judge or magistrate willing to grant an annulment as quickly as is popularly depicted.

Legitimate Children

Finally, even though Colorado will invalidate a marriage, retroactive to the date it was entered into, any children born of the marriage are still considered legitimate.  (While this may have mattered in the past, these days one would be hard-pressed to find a statute which distinguished between children born in or out of wedlock).