“Is the procedure for a Colorado Declaration of Invalidity of Marriage (Annulment) different from a Colorado Dissolution of Marriage (Divorce)?”
The procedures for a Colorado annulment are the same as those those for a divorce or legal separation with two main differences, both involving deadlines.
Pursuant to C.R.S. 14-10-111(7), If the marriage was entered into in Colorado, an annulment can be initiated at any time. If it was an out-of-state marriage, at least one party must be a Colorado resident for 30 days before initiating the annulment (in a Colorado divorce or legal separation, a spouse to have been a Colorado resident for 90 days prior to filing).
The other key procedural distinction between an annulment proceeding in Colorado and a divorce or legal separation is that there is no 90-day waiting period after the other party is served before obtaining the annulment.
You should keep in mind that the Colorado family law court may still need to resolve issues pertaining to the division of marital property and debts, maintenance, and, if there are children, parenting rights and responsibilities and child support. So, a contested annulment could take as long as a divorce or legal separation.
Lynn Landis-Brown is a Family Lawyer in Colorado Springs, Colorado, where she founded Lynn Landis-Brown P.C. She listens compassionately and understands your legal, emotional and financial concerns due to her own experiences of divorce from her parents divorcing, her own divorce and now as a step-grandmother. With her background in litigations, she has great experiences with fighting for your rights in the courtroom.
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