What Is an Annulment in Fort Collins, Colorado? A Plain-Language Guide

Key Takeaways

• Colorado calls an annulment a Declaration of Invalidity, a ruling that the marriage was never valid.
• Unlike no-fault divorce, an annulment requires proof of a specific ground listed in Colorado’s invalidity statute.
• Recognized grounds include fraud, duress, lack of capacity, underage marriage, bigamy, and jest or dare.
• Filing deadlines range from six months to 24 months, though prohibited marriages allow later challenges.
• Courts still divide property and decide maintenance, child support, and parental responsibilities after an annulment.

Discovering that your marriage rested on a lie or a hidden prior spouse can make divorce feel like the only way out. Many people in Fort Collins, Colorado, ask us what is an annulment and whether it could undo a union flawed from day one. At The Law Office of Stephen Vertucci, our Fort Collins Annulment Lawyer team has represented hundreds of people in family law disputes. Below, we cover qualifying grounds, filing deadlines, and what follows a decree.

What Does an Annulment Mean Under Colorado Law?

An annulment in Colorado, legally called a Declaration of Invalidity of Marriage, is a court ruling that a marriage was never valid from the start. Unlike a no-fault divorce, it requires proof of a specific ground found in C.R.S. § 14-10-111, such as fraud, bigamy, lack of capacity, or an underage marriage without required approval, and each ground carries its own filing deadline.

In our experience, the answer to what is an annulment comes down to one point: a legal defect. The Colorado Judicial Branch annulment resources begin with the Petition for Declaration of Invalidity of Marriage, filed locally in Larimer County District Court. One spouse must reside in Colorado for 30 days before filing, unless the couple married here. Our founding attorney serves on the Colorado Eighth Judicial District Domestic Relations Best Practices Committee, which includes Larimer County.

How Is an Annulment Different From a Divorce?

A divorce ends a valid marriage, while an annulment declares the marriage legally defective from its first day. Data from the CDC’s National Center for Health Statistics shows Colorado recorded 2.8 divorces per 1,000 people in 2023, against a marriage rate of 7.8 per 1,000. Our guide on the difference between an annulment and a divorce compares both options.

What Are the Legal Grounds for an Annulment in Colorado?

Colorado courts can grant an annulment only when a ground listed in C.R.S. § 14-10-111(1) applies:

• Lack of Capacity: A spouse could not consent due to incapacity or intoxication.
• Inability to consummate: One spouse could not consummate, and the other was unaware.
• Underage Marriage: A spouse was underage without the legally required approval.
• Fraud: One spouse lied about something essential to the marriage.
• Duress: Someone pressured a spouse into marrying.
• Jest or Dare: The couple married as a joke or dare.
• Prohibited Marriage: The union involved bigamy or close relatives, or was void where performed.

Proof also carries weight. In Young v. Colorado National Bank, the Colorado Supreme Court required clear and convincing evidence in annulment cases, a higher bar than most civil disputes.

Steve Vertucci has dedicated his entire legal career to family law, helping clients through some of the most difficult times in their lives with thoughtful strategy and passionate advocacy.

How Long Do You Have to File for an Annulment in Colorado?

Your deadline depends on the ground you raise, and some windows close in six months. Colorado sets these limits in C.R.S. § 14-10-111(2) and (3):

• Incapacity, Fraud, Duress, or Jest: Six months after you discover the problem
• Inability to consummate: One year after you discover it
• Underage Marriage: 24 months from the wedding date
• Prohibited Marriage: Any time before either spouse’s death or estate settlement

Timing is the first detail we review with every client. Our guide on how to file for an annulment in Colorado covers the paperwork.

What Happens to Property and Children After an Annulment?

An annulment ends the marriage, not the financial and parenting issues it created. Subsection (6) of the same statute keeps these issues before the court:

• Property and Debt Division
• Spousal Maintenance
• Child Support
• Parental Responsibilities

In Nguyen v. Lai, Colorado’s Court of Appeals confirmed that courts divide property as in a divorce. Because our firm exists to protect families, parenting and support issues get the same care as annulments.

Could Your Marriage Qualify for an Annulment? Contact The Law Office of Stephen Vertucci in Fort Collins

Call (970) 900-1800 today to schedule a free consultation with The Law Office of Stephen Vertucci. If you are still asking what an annulment is and whether your marriage qualifies, our Fort Collins Annulment Lawyer team will review the facts, explain each deadline, and help you plan your next step.

Stephen Vertucci

Founding Attorney

Steve focuses exclusively on family law and brings over a decade of litigation experience to every case. He’s known for providing thoughtful strategies and passionate advocacy in high-conflict divorce and custody matters.

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