Annulment Attorney

At Philip Goldberg PC, we represent clients seeking annulments in Colorado. Each client receives compassionate service backed by our expert knowledge of the law.

Contact our office to request an appointment to discuss your family law needs.

Annulments in Colorado

Colorado law refers to the marriage annulment process as a “declaration of invalidity.” An annulment or declaration that the marriage is invalid means that the legal system views it as if it never existed.

Like with a divorce, a marriage declared invalid ends the union. With an annulment, the marriage becomes invalid as of the date of the marriage. In other words, an annulment nullifies the marriage altogether.

Types of Annulment

Civil Annulment

As a family law attorney, we work with the legal annulment process. The civil process ends the marriage in the eyes of the court and legal system by declaring the marriage legally invalid. The state of Colorado no longer recognizes the union under the law.

If you believe your marriage is invalid or voidable, you can file a civil petition for an annulment to dissolve the union. We work with our clients to make a declaration of invalidity as easy as possible.

Religious Annulment

Another type of annulment is for religious reasons. Many religions allow couples to seek an annulment. In these cases, the church or religious officials grant the annulment based on the guidelines of the specific religion. The process does not involve any court action. A religious annulment does not impact the legal status of a marriage.

Requirements for Annulment in Colorado

To qualify for an annulment in Colorado, you must provide evidence of an invalid or voidable marriage. A marriage may be eligible for declaration of invalidity for several reasons.

  • Age – One or both parties were underage and without parental consent at the time of marriage. Either the underage party or their parents or guardian must file within two years of the marriage date.

  • Consummation – One of the parties cannot physically consummate the relationship, and the other party did not know at the time of the marriage. The impacted party must file the request within one year of becoming aware of the physical incapacity to consummate.

  • Consent – One or both parties could not consent to the marriage due to mental incapacity or intoxication. The party requesting the annulment must file within six months of learning about the lack of consent.

  • Fraudulent Act – If the main reason for the marriage was based on fraud or misrepresentation by one party. The party requesting the annulment must file within six months of learning about the fraud.

  • Duress – One or both parties entered the marriage due to threat or force. The party requesting the annulment must file within six months of learning about the duress.

  • Illegality – With illegal marriages in Colorado, annulment claims have no time limit. One example of illegality is a bigamous marriage.

Philip Goldberg PC

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Request an appointment to discuss your family law needs.

How to Get Your Marriage Annulled in Colorado

The marriage must meet one of the legal requirements to claim a declaration of invalidity. Then, one party must file a Petition for Declaration of Invalidity of Marriage.

Working with a highly-skilled family law attorney strengthens your chance for success. At Philip Goldberg PC, we guide you throughout the process, including filing and submitting the paperwork.

Contact us today to request an appointment.

Annulment FAQs

Both divorce and annulment end a marriage. However, divorce creates a dissolution of a valid marriage while an annulment declares the marriage invalid. In other words, an annulment ends a relationship that did not legally exist.

Typically, divorce is available for marriages for various reasons, including irreconcilable differences. On the other hand, an annulment only applies to those situations legally defined as invalidating the marriage.

Yes. If your spouse has begun divorce proceedings, you may still file for an annulment. You can ask the court to declare your marriage invalid even though your spouse has already asked the court to dissolve your marriage.

Yes. The timeframes tie to the reason for the annulment. For most claims, the party must prove when they learned about the voidable reason, like fraud or coercion. We work with our clients to establish grounds for annulment and present the evidence to the court.

Either party in the marriage may file for an annulment. However, other interested parties may also have the right to file for an annulment.

  • Either party in the marriage
  • Parents of an underage party
  • Another legal spouse
  • The state legal system
  • Children of either married party

It depends on the circumstances. Generally, it takes two to six months for a court to rule on the request. Depending on the specifics of the case and the court load, the timeframe can run longer.

You will not need to go to trial unless you wish to contest the validity of your marriage. If you choose to fight the case, you will likely have to appear before a judge. When you work with Philip Goldberg PC, we go to court with you to represent your case and present any relevant evidence.

In Colorado, the party seeking annulment usually files at the District Count in the county of residence for the other party. To seek annulment, at least one of the parties must have resided in Colorado for at least 30 days or the marriage must have taken place in Colorado.

While an attorney is not legally required to file a petition for annulment, working with an experienced divorce attorney offers benefits. Divorce lawyers help navigate the process and ensure that you receive the best possible outcome.

At Philip Goldberg PC, we understand Colorado law, including the specific requirements of the annulment and divorce process. We work with you each step of the way.

Compassion and Results from Philip Goldberg PC

Philip Goldberg is an experienced annulment lawyer who understands the importance of resolving an illegal or invalid marriage accurately and quickly. We not only offer the highest quality of legal services, but we also prioritize compassion and care for our clients.

At our law firm, we want to provide clear guidance so that you can confidently make decisions to move forward. We have extensive experience handling cases involving annulments, divorce, separation, child custody, and visitation rights.

Contact Philip Goldberg PC to schedule an appointment to discuss annulment proceedings. We work with clients in Denver and the surrounding areas on family law cases.