Colorado Springs Annulment Lawyers

Experienced Annulment Attorneys Serving El Paso County, CO

Annulment, otherwise known as a declaration of invalidity of marriage, is one of the most misunderstood areas of family law. Annulment is not a simple alternative to divorce for people who immediately come to regret their decision to get married. In order to qualify for an annulment, you must meet one of the following criteria:

• One party did not have the mental capacity to consent at the time of the marriage. Perhaps the most common example is when at least one of the parties was too intoxicated to know what they were really doing.
• One party is not physically capable of consummating the marriage AND this fact was unknown to the other party at the time of the marriage.
  One party was under the age of consent and did not have the permission of their parents, guardian, or the court to enter a marriage.
• One party married because of a fraudulent act or representation. This fraudulent act or representation must be something that goes to “the essence” of the marriage.
• One party married under duress either from the other party or by a third party.
• One or both parties married as either a jest or a dare.
• The marriage is not a legal marriage because one of the parties is already married to someone else, the parties are too closely related (ancestor/descendant, brother/sister, or aunt or uncle/nephew or niece), or there is another legal reason why the marriage would be declared void.

If you meet one or more of the above criteria, you may be able to file for an annulment, but there are very strict deadlines, depending on your precise circumstances, which you must also meet.

The net result is that annulments are very rarely granted, and the reason most people seek them (i.e. “buyer’s remorse”) is not an adequate basis. Take heart, however, that if you must seek a formal dissolution of marriage, Gasper Law Group’s divorce lawyers in Colorado Springs will be able to guide you through the process.

To speak with our experienced Colorado Springs annulment lawyers, call us at (719) 212-2448 or contact us online today. 

Annulment Versus Divorce in Colorado Springs

Many people considering annulment are also weighing whether a traditional divorce might be more realistic for their situation. An annulment treats the marriage as if it was never valid in the first place, while a divorce ends a legally valid marriage as of the date the court issues a decree. This difference can affect how property is divided, how debts are handled, and how the court views issues like maintenance and parental responsibilities. In the Colorado Springs area, cases involving either option are typically filed in the appropriate district court, so it is helpful to understand which path fits your facts before you begin the process.

Because annulments are so limited under Colorado law, many couples who do not meet one of the strict grounds will still have access to the protections of a standard dissolution of marriage. A divorce allows the court to address marital property, parenting time, and support obligations in a comprehensive way that an annulment may not always provide, especially in short marriages or where there are few shared assets. When you speak with a Colorado Springs annulment lawyer, you can review how each option would play out in your life and make a thoughtful decision based on your goals, finances, and family circumstances.

The Annulment Process in Southern Colorado Courts

Once you determine that you may qualify for an annulment, the next step is understanding what the court process looks like from start to finish. In Colorado, you begin by filing a petition for declaration of invalidity of marriage in the district court for the county where you or your spouse lives, such as El Paso County District Court for residents of Colorado Springs. The petition must clearly state which legal ground you are relying on and outline the basic facts of your relationship, including the date of marriage and when you learned of the issue that makes the marriage invalid. After filing, you must properly serve the other party so they have an opportunity to respond.

As your case moves forward, the court may schedule status conferences, require financial disclosures, and set hearings where both sides can present testimony and evidence. The judge will consider documents, witness statements, and any other proof that supports or challenges the claimed ground for annulment. Because the burden is on the person asking for annulment to show that one of the specific grounds applies, careful preparation is critical. When we guide clients through this process in Southern Colorado, we focus on gathering detailed facts early, explaining each step clearly, and helping them prepare for what to expect in the courtroom.

Frequently Asked Questions

Does an Annulment Affect Property and Debt Differently Than a Divorce?

In an annulment, the court may still divide property and debts between the parties, but it does so in the context of declaring the marriage invalid rather than ending a valid marriage. The judge looks at what each person brought into the relationship, what was acquired while you were together, and what is fair under Colorado law. The result can sometimes be similar to a divorce, but the legal reasoning behind the decision is different.

Can I Get an Annulment If We Have Children Together?

Having children does not prevent a court from granting an annulment if one of the legal grounds is met. However, the court will still address parental responsibilities, parenting time, and child support just as it would in a divorce. The law makes it clear that children of a relationship have the same rights to support and stability regardless of whether their parents’ marriage is declared invalid or dissolved.

Will My Religious Beliefs About Marriage Influence the Court’s Decision?

Religious beliefs can be very important to why someone seeks an annulment, but the court bases its decision on Colorado statutes and case law rather than church rules or doctrine. You are free to pursue a religious annulment through your faith community if that is important to you. However, the civil court in Colorado will only grant a declaration of invalidity if one of the specific legal grounds is proven.

To speak with our experienced Colorado Springs annulment lawyers, call us at (719) 212-2448 or contact us online today.