In Colorado, there are two legal options for legally ending a marriage — divorce and annulment. With a divorce, you end your marriage legally so you’re no longer considered married in the eyes of the law. With an annulment, however, you could end your marriage by arguing that it never existed in the first place and therefore wasn’t valid.
Some people consider annulment over divorce thinking that the entire process is easier. However, this isn’t always true and not everyone could get an annulment.
Grounds for Annulment
As annulment is considered an extremely drastic option because you’ll be essentially declaring that your marriage was nonexistent, state requirements are extremely particular. In general, you could seek an annulment in Colorado only if:
- You married a person that’s already legally married, which automatically invalidates your marriage since it was illegal in the first place.
- If one of you wasn’t 18 years old when you got married and didn’t have parental consent. If this is the case, the underage spouse or their parent or guardian should report it within 24 months.
- Your marriage was unconsummated due to one spouse being physically incapable. But this would only apply in the event that the other spouse didn’t know about the other spouse’s physical incapability when they got married. This should be reported within 12 months upon discovery.
- One spouse wasn’t legally capable of consenting to the marriage or was mentally incapacitated either due to an alcohol or drug addiction or mental condition. This should be reported within six months upon discovery.
- Your marriage commenced under false pretenses. For example, one spouse misrepresented herself or himself or agreed to marry under duress.
- You have an incestuous marriage.
Although some individuals think that annulment would be more affordable and simpler than divorce, this isn’t always the case. If you’re planning on having your marriage annulled, you must do your own due diligence and make certain that you could satisfy state requirements, otherwise, divorce might be a more viable option, says Law Office of Gordon N. Shayne and other prominent divorce attorneys in Colorado Springs.
Divorce and annulment involve a wide range of issues and laws, and although you’re free to pursue them entirely on your own, you could save yourself stress, time, and money with help from a professional.