Fort Collins Annulment Lawyer

Some divorcing spouses may wish that their marriage never existed but in the vast majority of cases, a divorce is the only legal resolution to end a valid marriage in Colorado. But what if there are provable facts that invalidate the marriage from the beginning based on legal grounds that make the marriage void? Under specific circumstances, a Colorado annulment lawyer can help erase a marriage through the annulment process in court rather than petitioning for a dissolution of the marriage—a divorce. If you think an annulment is the right way forward in your case, call the annulment lawyer in Fort Collins at the Law Office of Stephen Vertucci, LLC.

Why Choose Our Annulment Attorney In Fort Collins?

The Fort Collins family attorney at The Law Office of Stephen Vertucci, LLC created a Colorado family law firm to dedicate his career to helping families. With years of experience in the most effective client advocacy strategies in Colorado Family Court, our firm represents clients through their most difficult times, including legally challenging cases such as the Colorado marriage annulment process. We offer every client significant advantages, including the following:

A policy of frank, honest communication so you’re never in the dark about the expectations and progress of your case
We take a results-based approach while always striving for the most low-conflict strategy possible
We value our time and your money so we offer cost-effective case solutions to our clients in their family law cases
As our client, your best interest is always our priority as we assertively pursue your desired outcome through the legal minds and resources of our entire firm
You’ll have the dedicated attention of the experienced Colorado annulment attorney assigned to your case

Annulments are not as common in Colorado Family Court as divorces and other family matters. This type of case requires meticulous attention to detail and careful navigation by a Fort Collins annulment attorney experienced in this unique area of law.

What Is an Annulment?

An annulment in Colorado is also called a “Declaration of Invalidity.” While a divorce ends a marriage, an annulment declares that a true marriage never took place because one or more aspects of the marriage were not valid. Marriage is a legal contract as well as an emotional bond. If one or both parties entered into the marriage under false pretenses or due to the other party’s misrepresentation or fraud, they may have grounds for an annulment. An annulment doesn’t just terminate the marriage, it erases it so no legal marriage ever existed.

If the annulment occurs very soon after the “marriage,” both parties typically walk away with only their separate assets brought to the union; however, under Colorado §14-10-111, the law states the following:

“The provisions of this article relating to the property rights of spouses, maintenance, and support of and the allocation of parental responsibilities with respect to the children on dissolution of marriage are applicable to decrees of invalidity of marriage.”

In other words, if both parties remained in the marriage long enough to acquire marital assets or if they have children, the annulment process follows the Colorado divorce process for child custody, child support, and the division of marital assets except the court will not award alimony to a spouse who misrepresented themselves or fraudulently caused the other party to enter into the marriage.

How a Fort Collins Annulment Attorney Can Help With Your Case

Divorces in Colorado are complex, but an annulment is a unique niche of law requiring skilled handling. In order to successfully annul a marriage, an attorney must be able to prove that there are legal grounds to do so. This necessitates a skilled investigation, documentation of evidence, and a compelling case presented to the court. Unlike a divorce, declaring that the marriage is irretrievably broken is not enough for a judge to grant an annulment. Instead, the petitioner must prove that they have legal grounds showing a true marriage never existed.

What Are the Legal Grounds for an Annulment In Colorado?

For a marriage to be legally sound, neither party can withhold critical information that would otherwise prevent the marriage. Gaining an annulment requires providing compelling evidence of grounds such as the following:

One party was still legally married to someone else (bigamy)
One party committed fraud, misrepresentation, or deception on critical matters such as lying about their ability to have children, or one party has a sexually transmitted disease
One party did not consent to the marriage, such as in cases of coercion, one party was under duress, significant intoxication, cognitive impairment, or mental incapacity
A misunderstanding of intent occurred, such as a serious misunderstanding of one party’s willingness to have children, or one party’s goal to marry for a green card and then end the marriage after obtaining citizenship
The parties entered into the marriage while unaware that they were close relatives (unwitting incest)
One party did not disclose that they were physically incapable of consummating the marriage
One party was under the age of consent when the marriage occurred and did not have a parent’s consent to the marriage
One or both spouses entered into the marriage as a joke or under a dare

A court typically reviews the case and determines if the fraud or misrepresentation undermines the “essence of the marriage.”

An annulment spares the spouse seeking the invalidation of the marriage the social stigma of divorce and helps retain privacy since they do not have to undergo the process of asset division if the annulment occurs within weeks of the marriage date.

Common Challenges In Annulment Cases

Obtaining an annulment requires proving sufficient grounds for the invalidity of the marriage. Common challenges in this type of marriage termination include the following:

One spouse may bring a counterclaim as an answer to the complaint; for instance, seeking a divorce rather than an annulment
One spouse may submit evidence that the grounds to nullify the marriage are inaccurate or untrue
Meeting the timeline can be challenging since different grounds for annulling a marriage have different time limits in Colorado. Most spouses may only seek an annulment if they’ve been married for less than six months. Other grounds for annulment allow up to two years. Those seeking an annulment on the grounds of bigamy have up to the spouse’s death to seek an annulment

Meeting the unique challenges of a Colorado annulment requires an attorney with experience in this area of law and a background of success even in challenging cases.

What Is the Difference Between an Annulment and a Divorce?

Spouses in Colorado may seek a divorce at any time without having to prove fault. Under the state’s no-fault divorce laws, at least one spouse must consider the marriage “irretrievably broken” without the need to prove the other party’s wrongful behavior. On the other hand, an annulment is typically based on one spouse’s fraud or misrepresentation, except in cases of unwitting incest or when one spouse was a willing participant but under the legal age of consent.

When spouses in Colorado file for divorce, they must submit complete financial disclosures and divide any marital assets in a way that’s fair and equitable. Those seeking an annulment can often forgo this process since in most cases, an annulment must occur within the first six months of a marriage, arguably before they have time to acquire joint assets.

After a divorce, both spouses are free to remarry but their previous marriages remain on record as a valid marriage that’s now dissolved. An annulment erases a marriage from the record by stating that the marriage was never valid due to an underlying issue that invalidated it from the beginning. It’s as though the marriage never happened.

How to File for Annulment In Fort Collins

Just as in divorce, the annulment process in Colorado requires following specific steps. The first step is to seek the legal counsel of a Fort Collins divorce lawyer with experience in this area, like the annulment attorneys in Fort Collins at The Law Firm of Stephen Vertucci, LLC. Your annulment attorney will guide you through the following process:

First, carefully examine the reason for seeking an annulment to determine if there are sufficient grounds—or as the respondent in the case, your attorney will help you draft a response based on your desired outcome
File the petition, a co-petition if both spouses agree to the annulment, or a response to a spouse’s petition for annulment in Fort Collins
Serve the petition to the respondent
The respondent must file a response within 21 days of receiving the petition
Attend a hearing if one spouse contests the annulment so a judge can hear arguments presented by both sides before deciding whether or not to grant the annulment

If the marriage lasted long enough for the spouses to purchase a home or acquire marital assets and debts, they must undergo the process of dividing those assets. If they have children, they must also present a parenting plan for child custody to the judge. If there is a dispute on asset division or child custody, both sides present their arguments to the judge. The judge makes binding decisions in Colorado annulment cases just as in divorce cases.

Colorado Annulment FAQ

1. What if the Marriage was Consummated?

Many spouses seeking an annulment mistakenly believe that a marriage cannot be annulled if it has been consummated. In fact, seeking an annulment on the grounds that one spouse isn’t physically capable of consummating the marriage and didn’t disclose the fact is only one of several valid grounds to seek an annulment. With adequate legal grounds such as bigamy, unwitting incest, or lack of consent, the court will grant an annulment even if the marriage is consummated.

2. Who Can Start the Annulment Process in Colorado?

There are several parties who can petition the court to invalidate a marriage including either spouse within the marriage, another spouse (in bigamy cases), the parent of an underage spouse, the state, or the children of either party in the marriage.

3. Are Children Considered Illegitimate After an Annulment of Their Parents’ Marriage?

Even if a court grants an annulment and declares the marriage invalid, any children born during the marriage are still considered legitimate. The father does not have to establish paternity to seek custody or shared parenting time. The granting of an annulment does not affect a child’s legal status, and most courts have moved away from labeling children as “legitimate” or “illegitimate” in most legal contexts.

4. Is a religious annulment the same as a legal annulment?

A religious annulment—such as an annulment granted within the Catholic church—isn’t the same as a legal marriage annulment in Colorado court. A religious annulment only dissolves the spiritual aspect of the marriage within the church, leaving the spouses free to marry again with the blessing of the church. A religious annulment may also allow a church to recognize an existing second marriage after one party obtains a divorce or legal annulment from a prior marriage.

5. Can I Return to My Former Name After an Annulment?

The court can grant a spouse’s request to return to their former name when they invalidate a marriage through the annulment process.

6. What is the Standard of Proof Required for an Annulment?

As in civil cases, the petitioner in an annulment case must prove that the marriage was invalid from the beginning due to a legal misrepresentation, misconception, or fraud through a preponderance of the evidence. This means presenting evidence showing that it’s more likely than not that the marriage is invalid. “A preponderance of the evidence” is a lower standard than proving something “beyond a reasonable doubt,” the standard required in criminal cases.

Contact a Fort Collins Annulment Lawyer

If you believe you have adequate grounds for an annulment, you need an attorney with experience in the annulment process in Colorado. Call the annulment lawyer in Fort Collins from the Law Office of Stephen Vertucci, LLC, for skilled legal counsel and an attorney who will assert your rights and defend your best interests so you can move forward with the best possible outcome in your case.