ANNULMENT IN COLORADO: WHAT THE LAW ACTUALLY ALLOWS
An annulment in Colorado is formally called a declaration of invalidity of marriage. The court declares that a marriage was invalid from the start, but only if one of the specific grounds in C.R.S. 14-10-111 applies, and most grounds must be raised within a short deadline.
If no ground fits, or the deadline has passed, the marriage can still be ended through a divorce or legal separation. This guide lists every ground and its deadline, explains who may file, and covers what happens to property, maintenance, children and child support.
TABLE OF CONTENTS
- Declaration of Invalidity vs Divorce
- Grounds and Deadlines
- Who Can File and How the Case Works
- Retroactivity and Its Limits
- Property, Maintenance, Children and Child Support
- Civil Declaration vs Religious Annulment
- When Divorce Fits Better
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
DECLARATION OF INVALIDITY VS DIVORCE
A divorce ends a valid marriage, and its only ground is that the marriage is irretrievably broken (C.R.S. 14-10-106). A declaration of invalidity says the marriage was never valid, so the person asking for it must prove one of the grounds listed in the statute. Some older websites call an annulment a "dissolution of marriage," but in Colorado that term means divorce.
| Issue | Declaration of Invalidity | Dissolution of Marriage |
|---|---|---|
| What the court decides | The marriage was invalid | The marriage is irretrievably broken |
| Residency | One spouse domiciled in Colorado for 30 days before filing, or the marriage was entered into in Colorado | One spouse domiciled in Colorado for 91 days before filing |
| Time limit to file | Depends on the ground (see below) | None |
| Court filing fee | $260 | $260 |
| Property, maintenance, parenting, child support | The court can enter orders | The court enters orders |
| Legal effect | Invalid as of the date of the marriage | The marriage ends when the decree enters |
GROUNDS AND DEADLINES
C.R.S. 14-10-111(1) lists seven grounds, and subsections (2) and (3) set who may file and by when. For most grounds, the deadline runs from the date the person filing learned of the problem, not from the wedding date.
| Ground | What It Means | Who May File | Deadline |
|---|---|---|---|
| Lack of capacity to consent | When the marriage was solemnized, a spouse lacked capacity to consent because of mental incapacity or infirmity, or the influence of alcohol, drugs or other incapacitating substances | A spouse aggrieved by the condition, or the legal representative of the spouse who lacked capacity | No later than 6 months after the person filing learned of the condition |
| Inability to consummate | A spouse lacked the physical capacity to consummate the marriage by sexual intercourse, and the other spouse did not know of it at the time of the marriage | Either spouse | No later than 1 year after the person filing learned of the condition |
| Underage | A spouse was under the legal age to marry and did not have the consent or court approval the law required | The underage spouse, or that spouse's parent or guardian | Within 24 months after the date of the marriage |
| Fraud | A spouse married in reliance on a fraudulent act or representation of the other spouse that goes to the essence of the marriage | A spouse aggrieved by the fraud | No later than 6 months after the person filing learned of it |
| Duress | One or both spouses married under duress exercised by the other spouse or a third person, whether or not the other spouse knew of it | A spouse aggrieved by the duress | No later than 6 months after the person filing learned of it |
| Jest or dare | One or both spouses married as a jest or dare | A spouse aggrieved by it | No later than 6 months after the person filing learned of it |
| Prohibited marriage | A spouse was still married to someone else; the spouses are ancestor and descendant or brother and sister; the spouses are uncle and niece or aunt and nephew, except as permitted by established customs of aboriginal cultures; or the marriage was void where it was entered into | Either spouse; the legal spouse in a bigamous, polygamous or incestuous marriage; the appropriate state official; or a child of either spouse | Any time before either spouse dies, or before final settlement of a deceased spouse's estate and discharge of the personal representative, or within six months after certain estates are closed |
Except for a prohibited marriage, no declaration of invalidity can be sought after either spouse has died. Missing a deadline does not trap you in the marriage; it means the remedy is a divorce instead.
Age Rules Today
Under C.R.S. 14-2-106, both people must be at least 18 to receive a Colorado marriage license, unless a party over 16 but under 18 has judicial approval. A marriage that violates the age requirement is voidable. A 2026 bill to remove the judicial approval exception, SB26-048, did not become law.
Fraud That Goes to the Essence of the Marriage
The statute does not define this phrase, so whether particular facts qualify is decided case by case. Being misled about something that mattered to you is not automatically enough, so talk with a lawyer before building a case on this ground.
What About a Marriage That Was Never Consummated?
Non-consummation alone is not a ground. The ground is a physical incapacity to consummate that the other spouse did not know about when the marriage was solemnized, raised within one year after the person filing learned of it.
WHO CAN FILE AND HOW THE CASE WORKS
A Colorado court can enter a declaration of invalidity only if one spouse has been domiciled in Colorado for the 30 days before filing, or the marriage was entered into in Colorado (C.R.S. 14-10-111(7)). The Judicial Branch's self-help page on annulment says to file in the district court of the county where you or your spouse lives. For El Paso and Teller counties, that is the Fourth Judicial District.
Spouses can file together, or one spouse can file and have the other personally served with the petition and summons. The clerk typically issues a case management order, and the initial status conference is generally held within 42 days of filing. The Judicial Branch's List of Fees shows $260 for the petition and $146 for a response; fees are governed by statute and can change.
While the case is pending, either spouse can ask for temporary orders on maintenance, child support, parental responsibilities, use of property and payment of debts under C.R.S. 14-10-108. If the facts are disputed, the court decides at a hearing whether a ground has been proven.
RETROACTIVITY AND ITS LIMITS
Under C.R.S. 14-10-111(5), a marriage declared invalid is declared invalid "as of the date of the marriage." That is the legal sense in which an annulled marriage never existed.
The statute does not erase the consequences of the time you lived as a married couple. Subsection (6) makes the provisions on property rights, maintenance, support and the allocation of parental responsibilities apply to decrees of invalidity, just as they apply to a divorce.
Children Keep Their Legal Parents
Colorado's parentage statute, C.R.S. 19-4-105, presumes a person is a child's parent if that person and the parent who gave birth were married, or attempted to marry in apparent compliance with law even though the marriage could be declared invalid, and the child was born during the marriage or within 300 days after it ended. For an attempted marriage that is invalid without a court order, the 300 days run from when the couple stopped living together.
A declaration of invalidity does not, by itself, undo that presumption. It can be rebutted only by clear and convincing evidence in an appropriate action, or by a court decree establishing another person's parentage.
Good-Faith Spouses Keep Their Rights
Under C.R.S. 14-2-111, a person who lived with someone in the good-faith belief that they were married is a putative spouse. A putative spouse has the rights of a legal spouse, including maintenance after the relationship ends, even if the marriage was prohibited or declared invalid. Those rights stop accruing once the person learns the marriage is not valid, and if there is also a legal spouse, the court apportions property, maintenance and support between them as justice requires.
PROPERTY, MAINTENANCE, CHILDREN AND CHILD SUPPORT
Because of C.R.S. 14-10-111(6), a declaration of invalidity case can resolve the same issues as a divorce. Property does not simply go back to whoever brought it into the marriage.
- Property and debts. The court uses the framework in C.R.S. 14-10-113, setting apart each spouse's separate property and dividing marital property in just proportions, without regard to marital misconduct.
- Maintenance. C.R.S. 14-10-114 expressly covers maintenance requests in a declaration of invalidity proceeding.
- Parental responsibilities. Decision-making responsibility and parenting time are allocated according to the best interests of the child under C.R.S. 14-10-124.
- Child support. Support is set under the guidelines in C.R.S. 14-10-115, and a decree of invalidity that orders child support must include an income assignment (C.R.S. 14-10-120).
Children feel the end of a marriage much the same way whatever the legal label. Our article on how divorce affects children offers practical guidance for parents in either kind of case.
CIVIL DECLARATION VS RELIGIOUS ANNULMENT
Some faith communities have their own annulment process. A religious annulment has no effect on your legal status in Colorado, and a court's declaration of invalidity does not decide anything within your faith community.
The two are independent. If you need both, ask your faith community about its requirements and treat the court case as a separate legal proceeding with its own grounds and deadlines.
WHEN DIVORCE FITS BETTER
If the deadline has passed, if proof of a ground is uncertain, or if you both simply want the marriage over, a divorce is often more direct. It requires only a finding that the marriage is irretrievably broken, after the 91-day residency and waiting periods are met.
Our comparison of legal separation vs divorce in Colorado explains those two options. If you are deciding whether to hire counsel at all, see whether you need a lawyer for a Colorado divorce.
FREQUENTLY ASKED QUESTIONS
How Long Do I Have to File for an Annulment in Colorado?
It depends on the ground. Lack of capacity, fraud, duress and jest or dare must be raised within 6 months after you learned of the problem, inability to consummate within 1 year, and an underage marriage within 24 months of the wedding, while a prohibited marriage such as bigamy can be challenged before either spouse dies or, after a death, until the estate is settled.
Can I Get an Annulment Because the Marriage Was Short?
No. The length of the marriage is not a ground under C.R.S. 14-10-111; a short marriage that does not fit a statutory ground is ended by divorce.
Will an Annulment Affect My Children's Legal Parents?
Not by itself. Colorado's parentage presumption covers children born during a marriage that is later declared invalid, it can be overcome only by clear and convincing evidence or another court's parentage decree, and the court can still enter parenting and child support orders.
How Much Does It Cost to File for an Annulment in Colorado?
The Colorado Judicial Branch lists a $260 fee for a petition for declaration of invalidity and $146 for a response. Fees are set by statute and can change.
Is a Church Annulment the Same as a Legal Annulment?
No. A religious annulment does not change your legal marital status, and only a Colorado court can enter a declaration of invalidity.
Do I Have to Live in Colorado to Get an Annulment Here?
One spouse must have been domiciled in Colorado for the 30 days before filing, unless the marriage was entered into in Colorado.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Deadlines for a declaration of invalidity are short, and the right path depends on facts only you know. A Colorado Springs divorce and annulment lawyer can review whether a ground applies and whether a divorce would serve you better.
Moran, Allen & Associates Family Law Attorneys represents clients in El Paso and Teller counties. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation to talk through your situation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-10-111, Declaration of Invalidity
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation
- C.R.S. 14-10-108, Temporary Orders
- C.R.S. 14-10-113, Disposition of Property
- C.R.S. 14-10-114, Spousal Maintenance
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. 14-10-120, Decree
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 14-2-106, License to Marry
- C.R.S. 14-2-111, Putative Spouse
- C.R.S. 19-4-105, Presumption of Paternity
- Colorado General Assembly, SB26-048, Remove Exception to Marry with Judicial Approval (Lost)
- Colorado Judicial Branch, Annul or Cancel a Marriage
- Colorado Judicial Branch, List of Fees