A Comprehensive Guide To Annulment In Colorado
Annulment is a legal process to declare a marriage as invalid or null and void. It is not the same as divorce because in divorce cases, marriage is dissolved. In case of an annulment, it is not the dissolution of marriage but a declaration that the marriage itself is null and void and that it did not happen as would have been legally admissible.
In Colorado, annulment is similar to divorce or dissolution of marriage in regards to the manner in which the legal process is adhered to. Annulment might take as long as a divorce and it may have similar complications. However, as is the case with the annulment laws in most states, it doesn’t consider a marriage void from the date of annulment but from the very day of the marriage itself. In other words, a marriage is not considered to be a marriage if it has been annulled.
There are various specific stipulations that govern the annulment law in Colorado. For instance, if a marriage didn’t get registered under the jurisdiction of Colorado courts, in other words in Colorado, then only a resident of the state can apply for annulment. To qualify as a resident, one must be presently living in the state of Colorado for at least thirty days.
Grounds for Annulment in Colorado
Whether or not a marriage can be considered annulled or null and void depends on various reasons. In Colorado, the grounds of annulments are clearly stipulated in the law. A marriage can be annulled on the following grounds.
- Either one or both parties to the marriage didn’t provide consent or were not in a state to give consent, such as being under the influence of alcohol or drugs or if the party or parties have a mental condition that prevents them from providing rational consent.
- If a party doesn’t have the physical attributes to consummate the marriage and if the other party was unaware of such facts at the time of getting married.
- Underage marriage is illegal and such a ground is sufficient for annulment in Colorado.
- If a marriage has been conceived fraudulently or any party has been duped or has been subjected to misrepresentation of any kind.
- If a marriage is considered illegal such as either or both parties were still married legally or one party was under duress at the time of getting married.
Applying for and annulment in Colorado is done at the district court of a county where one of the parties resides. Annulment forms that may be required in Annulment in Colorado are: Case Information Sheet, Response to Petition for Declaration of Invalidity of Marriage, Petition of Declaration of Invalidity of Marriage, Summons for Declaration of Invalidity of Marriage and Degree of Declaration of Invalidity of Marriage.
The content of this page is for general informational purposes only, and should not be considered advice in your case. If you’re getting a divorce, you need a Denver divorce attorney who knows the intricacies of divorce in Colorado and the details of the law.
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