One of the most commonly misunderstood areas of family law is easily annulments, or what are formally known as “declarations of invalidity” in Colorado. While in certain circumstances Colorado law allows marriages to be annulled, or invalidated from the start, those circumstances are more limited than most people realize.
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. Much like in a typical dissolution of marriage case even if the Court declares a marriage invalid, it may still address issues such as a parenting plan and child support for any children of the relationship, as well as division of marital assets and spousal maintenance.
The same laws and legal precedent control parenting plans, child support, division of marital assets, and maintenance in both annulments and typical dissolution of marriage cases, so the type of case before the Court alone should not impact the outcome. However, certain factual scenarios leading to an annulment (such as duress or a fraudulent act by one party) could impact the orders put in place. Both an annulment and a dissolution of marriage ultimately lead to Court orders severing the parties’ ties and addressing issues involving children, property, and finances if appropriate, but the procedure is somewhat different between the two.
The first, and primary difference is that an annulment can only be granted under very particular circumstances, whereas a dissolution of marriage only has to be based on a general finding that the marriage is “irretrievably broken.”
When Can a Marriage be Annulled?
One common belief tends to be that an annulment can be based simply on the fact that the parties were only recently married. Colorado does not allow a brief marriage to be annulled only based on the length of marriage.
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 bases 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 very 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.
Additionally there is no statutorily required waiting period between filing and when the Court can issue an order in an annulment case. This is unlike a dissolution of marriage case where 90 days are required between filing and any Court order dissolving the marriage.
C.R.S. §14-10-111, under certain circumstances, provides a means to sever ties between parties in what could be a quicker and easier procedure than a standard dissolution of marriage. 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.