One of the most commonly misunderstood areas of family law in Colorado is annulments, or what are formally known as “declarations of invalidity.” While in certain circumstances Colorado law allows marriages to be annulled, or invalidated from the start, those circumstances are much more limited than most people realize and the effects of an annulment are equally misunderstood.
The purpose of this article is to clarify what an annulment is, when a marriage can (and can’t) be annulled, and what the practical differences are between an annulment and a more standard dissolution of marriage.
What is an Annulment?
Colorado law allows marriages, under certain circumstances, to be annulled, or declared invalid from the start. If the Court declares a marriage invalid through an annulment it will still address issues such as a parenting plan and child support for any children of the relationship the same as it would for any dissolution of marriage case, but division of assets and spousal maintenance are addressed somewhat differently.
The same laws and legal precedent control parenting plans and child support in any kind of domestic case, so there is no practical difference between an annulled marriage and a dissolution of marriage in those regards. But things are not as clear cut when it comes to property. If a marriage is annulled there is no true “marital property” as there never was any legal marriage, so while the same laws technically govern the division of property after a dissolution of marriage and an annulment the law seems to grant the Court more discretion over how property should be divided after an annulment. That means factors like financial contribution during the marriage, which typically are not very persuasive in a dissolution of marriage, can carry much more weight in an annulment.
Before we dive too deep into how an annulment can impact property division let’s back up and look at the bigger picture and ask questions like: When can a marriage be annulled? Unlike a dissolution of marriage that can be based on a general finding that the marriage is “irretrievably broken”, an annulment can only be granted under very particular circumstances. Let’s look at those circumstances:
When Can a Marriage be Annulled?
One common belief tends to be that a marriage can be annulled simply because the parties were married for only a short period of time. Colorado does not allow a marriage to be annulled based on the length of marriage no matter how brief the marriage was.
Under C.R.S. §14-10-111 marriages in Colorado can only be annulled for the following reasons:
1. Lack of consent to the marriage, at the time of marriage, due to mental incapacity or the influence of alcohol, drugs, or “other incapacitating substances.”
2. Lack of physical capacity to consummate the marriage, which was unbeknownst to the other party before the marriage.
3. One party being under the age of consent to marry, and not having the consent of parents, guardians, or the Court.
4. The marriage being entered into based upon a fraudulent act or representation, which “goes to the essence of the marriage.”
5. The marriage being entered into under duress.
6. The marriage being entered into “as a jest or dare.”
7. The marriage being prohibited by law.
These are the only basis for annulment in Colorado. If your situation does not fit into one of these specific categories then the marriage would need to be terminated through a dissolution of marriage and not an annulment.
Procedural Differences Between an Annulment and a Dissolution of Marriage
While the end goal of the two processes are similar, there are a few specific differences between annulments and dissolutions in terms of the procedure.
First, in order for a Colorado court to hear an annulment case either one of the parties must have lived in the state for 30 days, or the marriage must have been entered into within the state. This is notably different from the requirements for a dissolution of marriage case, which requires one party to have lived in the state for 90 days regardless of where the marriage was entered into.
Also, there is no required waiting period between filing an annulment case and when the Court can issue an order annulling the marriage. This is notably different from a dissolution of marriage case where at least 90 days must pass after the case is first filed before the Court can issue an order dissolving the marriage.
Beyond those procedural differences, as mentioned above, the division of property and determination of maintenance are (relatively) well defined in dissolution of marriage cases but are much more murky in cases where a marriage has been annulled.
For more information on what to expect during a standard dissolution of marriage proceeding in Colorado, see our two-part guide for the process here: https://www.dillielaw.com/colorado-family-law-procedure-part-1/ and here: https://www.dillielaw.com/colorado-family-law-procedure-part-2/.
Annulling a marriage is a specific process in Colorado. It is available only if specific circumstances are met. An annulment has profound impacts on any potential division of property and maintenance/alimony awards. You should speak with an experienced family law attorney if you are considering pursuing an annulment or wondering if an annulment is possible in your circumstances. If you have any questions or would like to talk more in-depth about your situation, please feel free to contact me directly at (720) 507-3105 or DillieLawOffice@gmail.com.