Does Your Marriage Qualify for an Annulment?

Does Your Marriage Qualify for an Annulment?

Annulments and divorces have a similar result as once they are complete, there is no marriage. However, annulments are different from divorce as they have specific requirements and make it like the marriage never happened in the eyes of the law. Spouses in Colorado should meet with an experienced attorney.

Instead of an annulment, Colorado requires petitioners (people wanting an annulment) to ask for what is called a “declaration of invalidity.” If the court grants your request, your marriage was never valid. If you’re wondering if you could qualify for an annulment in Colorado, make an appointment to speak with our knowledgeable Aurora annulment lawyers.

How to Qualify for Declaration of Invalidity in Colorado

You can petition the Colorado courts to pronounce your marriage invalid if:

  • When the marriage was made legal, one spouse didn’t have the capacity to consent to the marriage because of mental problems or because they were under the influence of alcohol or drugs.
  • One spouse doesn’t have the physical ability to consummate the marriage by sexual intercourse, and the other spouse was unaware of that when they were married.
  • One spouse wasn’t of age at the time of the marriage and didn’t consent from a parent, legal guardian, or a Colorado judge to get married.
  • One spouse committed fraud to influence the other spouse to get married. However, the fraud has to go to the “essence” of the marital relationship. For example, if they were claiming an illness to get a spouse to marry, marrying to obtain a Visa, or for financial gain.
  • One or both spouses got married because they were under duress or forced or coerced by an outside party.
  • One or both parties only arranged to marry as a dare or joke.
  • The marriage is barred by Colorado law because one spouse is still legally married to another party, known as bigamy, or because the spouses are genetically related. 

Your marriage must have one of these factors to qualify for an annulment in Colorado. You will be asked to prove your allegations. Aurora annulment attorneys can help you determine if you might be eligible and how to prove your case. 

Deadlines to File for an Annulment 

It’s crucial to note that you only have a certain amount of time to request your marriage annulment. The deadlines are as follows:

  • Lack of capacity to consent, joke/dare, fraud, duress: Within six months after discovering the annulment reasons, and only by the impacted spouse or a personal representative for a spouse if they didn’t have the capacity to consent. 
  • Inability to consummate marriage: Within 12 months of discovering it, and only by the other spouse. 
  • Under the age of consent: Within two years of marriage, by the underage spouse, or their parent or legal guardian. 
  • Void marriage: Before one spouse’s death or the settlement of either spouse’s estate, by either spouse, either spouse’s offspring, an appropriate state official. The legal spouse must make annulment requests for bigamy/polygamy. 

Reach Out to Aurora Annulment Lawyers Today to Learn More

Annulments can be confusing, which can also be frustrating if you are trying to get out of a recent marriage and know the clock is ticking. When you reach out to the CNL Law Firm, PLLC, we will help you understand if and why your marriage may or may not qualify for an annulment. We can then help you take the next steps. Call (720) 370-2171 or complete our online form to receive your no-obligation case evaluation with accomplished Aurora annulment attorneys today. 

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