Aurora Annulment Lawyer

Under Colorado law, a void marriage can be annulled if the petitioner files for annulment within two years of entering the union. One scenario for annulment is when one spouse is unable to consummate the marriage, and the other spouse is unaware of this issue at the time of marriage. In such cases, the marriage is considered legally invalid, and an annulment declares it null and void. Unlike a divorce, which dissolves a legal marriage, an annulment retroactively declares that the marriage never existed. This process aims to provide relief to the petitioner by legally recognizing that they were never legally married to their partner.

• Lack of capacity to consent: If the spouse seeking annulment was not legally capable of consenting to the marriage, such as due to a mental illness, drug use, or alcohol intoxication, the marriage can be annulled.
• Fraud: If one spouse committed a fraudulent act to induce the other spouse to marry, such as lying about their identity, their financial status, or their intentions for the marriage, the marriage can be annulled.
• Duress: If one spouse was forced to marry against their will, such as due to threats of violence, economic coercion, or other forms of pressure, the marriage can be annulled.
• Jest or dare: If one spouse married as a joke or a dare, the marriage can be annulled.

In all cases, the annulment must be sought within 6 months of the spouse learning of the grounds for annulment. The legal spouse (or the representative of a spouse who lacked the capacity to consent) is the only person who can seek an annulment.

If you want to get your marriage annulled in Colorado, you’ll need to file a Petition for a Declaration of Invalidity of Marriage with your district court. For spouses married out of state, you must have resided in Colorado for at least 30 days. The Colorado Judicial Branch oversees this process, and any rulings can be appealed to the Colorado Supreme Court. It’s important to know that even if an annulment is granted, obligations such as child support may still need to be fulfilled. Always consult with an attorney to understand your legal responsibilities.

Yes, you can remarry after an annulment. Since an annulment essentially declares that the marriage was invalid from the start, you are legally free to remarry. However, it’s advisable to seek guidance from a Colorado legal services provider or a divorce attorney to understand the legal ramifications, especially if children were born during the marriage relationship that was declared invalid.

As for the limitations, they include:

• Time Constraint: As per Colorado law, the annulment request should be made within a specific time frame, depending upon the grounds for annulment.
• Residency Requirement: Those who were not married in Colorado must have resided in the state for at least 30 days to file for a declaration of invalidity.
• Legal Obligations: Even if your marriage is declared invalid, certain legal obligations such as child support and alimony may still apply.
• Complications in Case of Children: If children were born out of the marriage, the process of annulment could become more complicated as issues of child custody and visitation need to be resolved.

Court Approval: Not all requests for annulments are granted. The court must be convinced that there are valid grounds for the marriage to be declared invalid.

The difference between annulment and a nullity of marriage centers around the legal status of the marriage. In a Declaration of Nullity of Marriage, the marriage is considered void from the start, as if it never existed. This is usually invoked in situations where the marriage was illegal or against public policy, such as a marriage between close relatives. On the other hand, an annulment involves a marriage that is voidable, meaning it was valid at inception but can be invalidated due to certain legal grounds.

An example of this could be a marriage where one party was coerced into the union. In the case of an annulment, the marriage remains valid until a court declares it void. Thus, any children born during this marriage are considered legitimate. It is important to understand the implications of how an annulment or nullity affects the legal status of children and the rights of each party. This is why it’s always recommended to seek legal advice when considering these options.