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Free Guide to Hiring a Family Lawyer
An annulment is a court declaration that a marriage is legally void or voidable - in other words, that the marriage is treated as if it never existed. In Greenwood Village, Colorado, annulment matters are governed by Colorado state law and are handled in the Colorado district courts serving Arapahoe County, where Greenwood Village is located. Colorado recognizes both void marriages - those that are legally invalid from the start - and voidable marriages - those that are valid until a court declares otherwise. Whether you will seek an annulment or a divorce depends on the facts of your case, the desired legal outcome, and the remedies you need for property, support, and children.
Annulment cases may seem simpler than divorce at first glance, but they often raise complex legal and practical issues. You may need a lawyer if you face any of the following situations:
- You have one of the common legal grounds for annulment such as bigamy, incest, lack of capacity, fraud, duress, or underage marriage and need to prove it in court.
- The other spouse disputes the annulment or asserts defenses, turning the matter into a contested hearing.
- There are children of the relationship and you need to address custody, parenting time, and child support. Courts protect children's rights regardless of whether a marriage is annulled.
- There are significant shared assets, debts, or questions about how property and retirement accounts should be divided.
- You seek temporary orders while the case is pending - for example, temporary custody, temporary child support, or exclusive possession of the marital home.
- You need help gathering and presenting evidence - medical records, communications, witness statements, or proof of prior marriage or mental incapacity.
- You want advice about alternatives - such as filing for divorce instead of annulment - and the practical and financial consequences of each route.
Key legal points to understand about annulment in Greenwood Village and Colorado generally include the following:
- Governing law - Annulment is governed by Colorado state statutes and decided in Colorado district courts. Greenwood Village matters are typically filed in the district court for Arapahoe County.
- Void versus voidable marriages - A void marriage is legally invalid from the beginning. Common void grounds include bigamy and incest. A voidable marriage is valid until a court annuls it. Common voidable grounds include lack of capacity at the time of marriage, fraud, force or duress, and underage marriage where consent or judicial authorization is defective.
- Timeliness - Some grounds for annulment must be raised within a reasonable time after the impediment is discovered. For example, claims based on fraud or lack of capacity are typically expected to be asserted without unreasonable delay. Because timing can be critical, consult an attorney promptly.
- Property and debts - Even when a marriage is annulled, courts often address property and debt allocation, equitable relief, and reimbursement claims to prevent unfair results. The exact remedies can differ from divorce remedies, so legal advice is important.
- Children - Parents remain responsible for child support and custody decisions regardless of whether the marriage is annulled. Annulment does not automatically affect parental rights or the legitimacy of children.
- Procedure - Annulments are filed as civil actions in district court. The process may include pleadings, discovery, temporary orders, and a hearing or trial if the annulment is contested. Uncontested annulments can be faster and less expensive.
An annulment declares a marriage void or voidable - treating it as though it never legally existed. A divorce ends a valid marriage. Both processes address children, property, and support, but an annulment can have different legal effects on property division and marital status. Your goals and the facts of the case will determine which remedy is appropriate.
Common grounds include bigamy or a prior undissolved marriage, incestuous relationships, underage marriage without required consent, lack of mental capacity to consent at the time of marriage, duress or force, and fraud that goes to an essential element of the marriage. Each ground has specific legal requirements that must be proven in court.
You begin by filing a petition for annulment in the district court for the county where you or your spouse reside - for Greenwood Village, that is the Arapahoe County district court. The petition sets out the legal basis for annulment and any requests for temporary relief, child support, custody, or property matters.
Times vary. An uncontested annulment with no children or significant assets could be resolved in a few months. Contested cases or those requiring extensive evidence or hearings can take longer - often several months to a year or more. Temporary orders while the case is pending can add steps and time.
Yes. Courts decide child custody, parenting time, and child support based on the children's best interests and state guidelines, regardless of whether the parents seek annulment or divorce. An annulment does not relieve a parent of child support obligations nor does it change the legal status of children.
Possibly. While annulment treats a marriage as invalid in some respects, courts may still provide equitable relief to address financial fairness between parties. Spousal support after an annulment is less common than in divorces, but each case depends on the facts and applicable law.
Relevant evidence may include marriage certificates, prior marriage certificates or divorce records if bigamy is alleged, communications showing fraud or duress, medical or mental health records showing incapacity, witness statements, and any documents proving age or lack of required consent. An attorney can help you identify and collect the most persuasive evidence.
Yes - especially for certain voidable grounds like fraud or incapacity. Courts expect parties to raise such claims promptly after learning of the issue. Delay can weaken your case and may bar annulment in some circumstances. Consult an attorney early to preserve rights and evidence.
Many people use the annulment process to request restoration of a former name. Courts can include a name change as part of the annulment decree or as a separate petition. Discuss your preferred name outcome with your attorney when you file.
If the other spouse objects, the court will consider the legal grounds and evidence presented. The court may decide the dispute through hearings. In some cases, parties negotiate a settlement - such as agreeing to a divorce instead of an annulment - to resolve property and custody issues. Legal counsel helps you evaluate options and negotiate outcomes.
Helpful local and state resources for people seeking information or assistance with annulment in Greenwood Village include the following types of organizations and government offices:
- Arapahoe County district court and its self-help resources - for filing procedures, forms, and court locations.
- Colorado Judicial Branch self-help centers - for general information about family law procedures and available forms.
- Colorado Revised Statutes - Title 14 and related provisions addressing domestic relations and annulment topics - consult these for statutory language.
- Colorado Bar Association and local bar associations - for lawyer referrals and information about attorneys who specialize in family law.
- Colorado Legal Services and local legal aid organizations - for low-bono or free legal help if you qualify based on income.
- Arapahoe County Clerk and Recorder - for obtaining certified copies of marriage or prior divorce records.
If you believe you may be eligible for an annulment or you are unsure which route to pursue, follow these practical steps:
- Gather documents - collect your marriage certificate, any prior marriage or divorce records, identification documents showing age, medical records if relevant, communications or evidence of fraud or duress, and financial records detailing assets and debts.
- Seek a local family law attorney - look for someone with experience in annulment and divorce in Colorado and familiarity with Arapahoe County courts. Many attorneys offer a free or low-cost initial consultation to review your situation.
- Ask about timing and evidence - during your consultation ask whether your grounds are strong, what evidence is needed, and whether you must act quickly to preserve your claim.
- Consider alternatives - an attorney can explain whether an annulment or a divorce better serves your legal and financial goals, and whether negotiation or mediation can resolve issues without a contested court trial.
- Prepare for costs and procedures - ask about court filing fees, attorney fees, possible fee waivers, expected timeline, and the likely procedural steps for your case.
- Protect immediate concerns - if you have concerns about child safety, domestic violence, or financial exploitation, tell your attorney right away. Emergency protective orders and temporary orders for custody or support are available if needed.
Taking these steps will help you understand your legal options and move forward with an informed plan. If you need personalized guidance, contact a qualified family law attorney in Greenwood Village or Arapahoe County as soon as possible.
