Declaration of Invalidity of Marriage (Annulment) A Fresh, Modern Approach to Law

Declaration of Invalidity of Marriage in Centennial

Practical Guidance for Centennial Residents

Determining whether a marriage is legally invalid requires close attention to the circumstances, available evidence, and Colorado’s filing deadlines. At Law Office of Alexandra White, PC, we help Centennial residents evaluate these issues through an individualized legal strategy and practical, actionable advice.

Founding attorney Alex White leads our team. We serve clients throughout Arapahoe County and the Denver Metropolitan Area, pursuing fair, sustainable outcomes based on each client’s needs.

Call (303) 647-4245 to request a free initial consultation and discuss whether a declaration of invalidity may apply to your marriage.

Colorado’s Process for Declaring a Marriage Invalid

Colorado doesn’t formally call this court action an annulment. The legal proceeding is a Declaration of Invalidity of Marriage under the Colorado Uniform Dissolution of Marriage Act. Using the correct statutory terminology is important when preparing the petition and related court forms.

A declaration of invalidity treats the marriage as invalid from its start, not simply from the date the court enters its order. This differs from a dissolution of marriage, which ends a legally valid marriage. The court must find a recognized statutory ground before declaring a marriage invalid.

Residency Requirements

The residency requirement depends on where the marriage occurred. A marriage performed in Colorado may be addressed through a declaration-of-invalidity filing without a residency waiting period. If the marriage occurred outside Colorado, at least one spouse must have lived in Colorado for 30 days before filing.

Residency is only one threshold issue. The facts must also fit a statutory ground, and some claims have short deadlines measured from when a person discovered the relevant problem.

Grounds for a Declaration of Invalidity in Colorado

Personal regret, incompatibility, or a marriage’s short duration isn’t enough to establish invalidity. Colorado limits this remedy to specific circumstances involving capacity, consent, fraud, duress, physical incapacity, or a marriage prohibited by law.

Recognized statutory grounds can include:

Lack of capacity: A spouse couldn’t consent to the marriage because of mental incapacity or the influence of alcohol, drugs, or another incapacitating substance.
Physical incapacity: A spouse lacked the physical capacity to consummate the marriage, and the other spouse didn’t know of that incapacity when marrying.
Underage marriage: One or both spouses were underage and didn’t obtain the consent required by law.
Fraud: A spouse entered the marriage in reliance on a fraudulent act or representation going to the essence of the marriage.
Duress: A spouse married because coercion or a threat deprived that person of meaningful consent.
Jest or dare: One or both parties entered the marriage as a joke, jest, or dare.
Prohibited marriage: The marriage violated a legal prohibition.

Deadlines Depend on the Legal Ground

Timing can determine whether the court may consider a claim. Claims involving lack of capacity, fraud, duress, or a jest-or-dare marriage generally must be filed within six months after the petitioner learns of the relevant facts.

A claim based on an undisclosed inability to consummate the marriage has a one-year deadline measured from discovery. An underage-marriage claim generally must be brought within 24 months of the marriage date. A prohibited marriage may be challenged before either party dies or an estate is settled.

Because different events trigger these deadlines, prompt legal review matters. Relevant dates, communications, records, and witness information can help clarify which ground may apply and whether the filing period remains open.

Property, Support & Parenting Issues After Invalidity

Declaring a marriage invalid doesn’t necessarily eliminate the need for financial or parenting orders. Colorado applies the same provisions governing property division, maintenance, and allocation of parental responsibilities that apply in a dissolution of marriage. Allocation of parental responsibilities is Colorado’s term for decision-making authority and parenting time.

Depending on the family’s circumstances, the court may need to address marital property, debts, financial support, parenting responsibilities, or child support. Children born during a marriage that’s later declared invalid retain the same legal parentage rights as children born during a valid marriage.

Required Forms & Filing Fee

Colorado declaration-of-invalidity filings use a Case Information Sheet, a Petition for Declaration of Invalidity of Marriage, and a Summons for Declaration of Invalidity of Marriage. Financial or parental issues may require additional documents.

The Colorado Judicial Branch lists a $260.00 filing fee for a Declaration of Invalidity of Marriage as of 2026. Other potential costs and the time required depend on the disputed issues, necessary documentation, service of court papers, and whether the parties reach agreements.

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We're here to guide you through every step of the legal process with a plan personalized to your specific needs promptly.

A Legal Strategy Built Around Your Circumstances

We begin by examining why the marriage may be invalid, when the issue was discovered, and what evidence supports the potential ground. Our approach addresses immediate procedural requirements and the long-term implications of agreements concerning property, support, and children.

These proceedings can create uncertainty even when the legal issue appears narrow. We handle the legal details and provide clear guidance so clients can focus on their well-being and family responsibilities. We work to reduce unnecessary conflict while developing a practical path through the case.

Discuss a Possible Annulment in Centennial

A free initial consultation allows you to explain the circumstances surrounding the marriage and identify dates that may affect your options. We can discuss potential timelines, documentation needs, and a preliminary legal strategy based on the available information.

Prompt review is important because some grounds have short filing periods. Bringing relevant marriage records, communications, and a timeline of significant events can make the initial discussion more productive.

Call (303) 647-4245 to request your free initial consultation with our team.

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The Team at the Law Office of Alexandra White, hands down, was the best experience I have had considering the circumstances. Having used other Attorneys in the past, the professionalism was FAR greater with Alex and her Team. The amount of communication, preparation and clarity provided every step of the way reassured me that they had my case handled. On top of all that, we won walking out with confidence and pride!

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