Legal Question in Family Law in Colorado

Re: Is annullment feasible?

In order to get a marriage annulled, you will need to show that there is some reason to declare the marriage invalid. For example, if the parties were underage at the time of the marriage, one of the parties was forced into getting married, the marriage was prohibited by law, the marriage was not consummated, or, the classic, one of the parties was unable to consent at the time of the marriage ceremony (i.e., intoxicated). Depending on the reason for annulment, there are certain time frames in which you must bring your action. Although I don't know the specifics of your case, it sounds like based on the date of the marriage, you may not be able to proceed with an annulment.

Regardless of whether a marriage is annulled or a divorce action is pursued, the same issues such as property division, maintenance, children, etc. will need to be resolved. However, in your case, it appears that this will not be an issue.

If a divorce action is filed, there is a minimum 90 day waiting period. However, after 90 days have passed, a Decree of Dissolution of marriage can be entered and you can be formally divorced.

Chances are, an annulment would be faster, if it applied to your case. If you'd like to go over the details of your case to see if an annulment is possible, feel free to contact us.

Christine C. Nierenz, Esq.

[email protected]

The Harris Law Firm, P.C.

www.harrifamilylaw.com