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Annulments

Annulment Attorney in Colorado Springs

Serving El Paso County Families Since 1971, With Over a Century of Combined Trial Experience

Colorado annulment cases require proving specific legal grounds before a judge. That means organized evidence, a clear case strategy, and courtroom readiness from the start. At Clawson & Clawson, LLP, we’ve served Colorado Springs and El Paso County families since 1971, and our team brings over a century of combined trial experience to every family law matter we handle. Our Senior Domestic Relations Paralegals support detailed case preparation so nothing falls through the cracks.

If you’re considering an annulment in Colorado Springs, contact Clawson & Clawson, LLP for a free initial consultation. Call (719) 602-5888 to discuss whether your circumstances may qualify and what the process involves.

What Colorado Law Actually Calls an Annulment

Colorado courts don’t use the word “annulment” in formal filings. The correct legal action is a Declaration of Invalidity of Marriage, governed by C.R.S. 14-10-111. If granted, it treats the marriage as though it never legally existed. That’s the fundamental distinction from a divorce, which ends a legally valid marriage as of the date the court issues its decree.

One of the most common misconceptions we encounter is that a short marriage or second thoughts are enough to qualify. They aren’t. Colorado courts require proof of a specific statutory ground, and the burden of proof rests entirely on the person filing. In many situations, establishing those grounds is more demanding than pursuing a standard no-fault divorce.

Grounds for a Declaration of Invalidity in Colorado

C.R.S. 14-10-111 identifies the grounds under which a Colorado court may declare a marriage invalid. Each ground is fact-specific, and in some cases more than one may apply, which can affect how the case is built.

Voidable marriage grounds include:

  • Lack of capacity to consent due to mental incapacity or intoxication at the time of the marriage
  • Inability to consummate the marriage, where that incapacity was unknown to the other spouse at the time of marriage
  • Underage marriage without parental, guardian, or judicial consent
  • Fraud or misrepresentation going to the essence of the marriage, such as a false claim of terminal illness or marrying solely to obtain U.S. residency
  • Duress or coercion by the other party or a third party
  • Jest or dare where the parties didn’t intend to enter a legal marriage

Void marriages (invalid regardless of either party’s wishes) include:

  • Bigamy, where one spouse was still legally married to another person at the time of the ceremony
  • Marriages prohibited by Colorado law due to consanguinity

Filing deadlines vary by ground, and they matter. Under C.R.S. 14-10-111, fraud, duress, jest, and lack of capacity grounds must generally be raised within six months of discovering the invalidating circumstance. Inability to consummate carries a one-year deadline from discovery, and underage marriage must be raised within two years of the marriage date. Void marriages may be challenged at any time before the death or final estate settlement of either party. If you believe you have grounds, speaking with a Colorado Springs annulment lawyer promptly is important.

Annulment vs. Dissolution of Marriage: Which Path Fits Your Situation

A dissolution of marriage is available to any married couple in Colorado without needing to prove any ground. Because Colorado is a no-fault state, divorce is accessible even where annulment is not. Annulment requires proving one of the specific grounds listed above.

What many people don’t realize is that Colorado law extends the same protections available in divorce to declaration of invalidity proceedings. Property division, spousal maintenance, and child custody and support are all addressed under the same framework. Children born of a marriage later declared invalid are considered legitimate under Colorado law, and the court handles parental responsibilities and child support exactly as it would in a divorce. If you don’t qualify for an annulment, legal separation remains a complete legal remedy that addresses all financial and parenting issues.

Filing an Annulment Petition at El Paso County District Court

For Colorado Springs residents, annulment petitions are filed at El Paso County District Court. If the marriage took place in Colorado, you can file immediately. If it occurred outside the state, either party must have been domiciled in Colorado for at least 30 days before filing.

The petition must identify the specific ground being claimed, the date of the marriage, and when the petitioner learned of the invalidating circumstance. After filing, the other party must be formally served and has 21 days to respond if served in Colorado, or 35 days if served out of state. An Initial Status Conference is required by law within 42 days of filing.

The case may proceed through financial disclosures and additional hearings before reaching a final evidentiary hearing. At that hearing, the petitioner presents evidence and witness testimony. Depending on the ground alleged, that evidence might include documents, communications, photographs, or expert testimony. If the court finds the grounds proven, it issues a Decree of Invalidity. Uncontested cases may resolve in a few months. Contested cases may take longer depending on court scheduling and the complexity of the evidence.

Why Colorado Springs Families Choose Clawson & Clawson, LLP

Annulment cases rise or fall on the evidence. Our more than 100 years of combined trial experience means we know how to build a record and present it effectively when a case reaches a hearing. That litigation depth is a resource many family-only practices may not have. As a second-generation firm rooted in this community since 1971, we know the El Paso County court system and the families we serve. Our Senior Domestic Relations Paralegals support thorough case preparation at every stage, and our “Your Fight is Our Fight” philosophy means we pursue the best available outcome whether that’s an efficient resolution or a fully contested hearing.

Recognition & Credentials
Our attorneys have been recognized by Super Lawyers from 2023 through 2026 and hold a 10/10 Superb rating on Avvo. Clawson & Clawson, LLP maintains an A+ rating with the Better Business Bureau and has been named among Best Law Firms by U.S. News & World Report. Members of our team belong to The National Trial Lawyers: Top 100 and the Multi-Million Dollar Advocates Forum, reflecting the overall litigation caliber we bring to every matter we handle.

Start with a Free Consultation

Not every situation qualifies for a declaration of invalidity of marriage, and the filing deadlines are real. The sooner you speak with a Colorado Springs annulment attorney, the clearer your options may become. Clawson & Clawson, LLP offers free initial consultations for prospective clients throughout Colorado Springs, Pueblo, and the surrounding region.

Call us at (719) 602-5888 to discuss your situation and find out whether your circumstances may qualify. We’re here to help you understand your options and move forward with confidence.

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At Clawson & Clawson, LLP, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

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