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Frequently Asked Questions About Annulment

by: Colorado Legal Services

What is an annulment?

In Colorado, an annulment is called a "Declaration of Invalidity". When a marriage is annulled, or declared 'invalid', it is as if the marriage never existed.

How long do I have to live in Colorado before I can file for an annulment?

A person must be a resident of Colorado for thirty days before filing an action for annulment with the courts, unless the parties were married in Colorado.

How do the courts decide if the marriage can be annulled or not?

Here are the reasons a court can use to declare a marriage invalid, along with the time limits to file for annulment based upon each reason:

Reasons a Marriage can be Annulled	Time Limits to File for an Annulment
1. One party to the marriage "lacked the capacity to consent" to the marriage (either due to a mental condition or due to the influence of alcohol, drugs, etc.)	1. You must file within six months of becoming aware of the problem.
2. A party lacked the physical capacity to consummate the marriage, and the other party didn't know this at the time of the marriage.	2. You must file within one year of becoming aware of the problem.
3. A party was under age and did not have the consent of a parent or guardian, or consent from the court.	3. A party or a party's parent or guardian must file within twenty-four months of the date of marriage.
4. A party entered into the marriage based upon a fraudulent act (a trick) or representation of the other party, and this fraudulent act or representation is central to the marriage.	4. You must file within six months of becoming aware of the problem.
5. A party entered into the marriage under duress ("shotgun weddings").	5. You must file within six months of becoming aware of the problem.
6. A party entered into the marriage as a jest or dare.	6. You must file within six months of becoming aware of the problem.
7. The marriage is against the law (for instance, one party is still married to someone else, etc.).	7. Either party (or a party's legal spouse, a party's child, or appropriate state official) must file before the party dies, or before settling the estate, or within six months of closing an estate.

For all except reason #7, you must file for an annulment before the death of your spouse.

What do I have to do to file for an annulment?

Please go to the Colorado State Judicial website for annulment forms and instructions on how to fill them out. Read the court instructions carefully to see exactly which forms are required in your case.

To request an annulment, you will probably have to file at least a Case Information Sheet (click to open either a MSWord version or a PDF version of this form) and a Petition for Declaration of Invalidity of Marriage (click to open either a MSWord version or a PDF version of this form).

Also, you will need to pay the filing fee or request a waiver of the court fee by filing a Motion to File without Payment and Supporting Financial Affidavit (Form - MSWord, PDF; Order - complete the caption and file with the form - MSWord, PDF).

You must file at the District Court in your county of residence. You do not have to file where the marriage took place.

The other party to the marriage must be served (the court papers must be delivered to that person by process server or Sheriff's Office, or the other party must sign a Waiver of Service), and the other party has twenty days (if served in Colorado) or thirty days (if served in another state) to respond.

If your spouse is willing to file with you, you can both sign the Petition as "Co-Petitioners" and you will not have to serve each other.

A hearing can be set any time after your spouse's time to respond is up, or after you file as Co-Petitioners. Marriages are declared invalid as of the date of the marriage.

What if we need orders about children or property?

The rules for property settlement, maintenance (alimony), allocation of parental responsibilities (custody), and child support are the same as in an action for dissolution of marriage (divorce). Orders regarding all these issues can be obtained as part of an action to declare a marriage invalid. A party who is using a spouse's name can also request the return of the party's prior name used before the marriage. Children born of an invalid marriage are legitimate.

Click here for more information about divorce and custody and/or child support issues.

Click here for more information about property issues and maintenance (alimony) in a divorce.

What do I do if I'm a victim of domestic violence?

There are no automatic protective orders in effect in an action to obtain a Declaration of Invalidity. If you are in danger, you may want to file a separate request for a protective order for yourself or your children.

Click here to go to Colorado Legal Services's website on Domestic Violence.

The information above is provided by Colorado Legal Services. It is intended as general information only, and is not meant as legal advice for any specific situation. If you need legal advice, consult an attorney of your own choosing. If you cannot afford an attorney, talk to Colorado Legal Services: 303-837-1321.

Reviewed 04/11
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	Last Reviewed On: 04/27/11

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