Colorado Springs Annulment Lawyer
Understanding Annulments: What You Need to Know
In Colorado, a marriage can be declared invalid or void in a process commonly referred to as an annulment. Knowing which factors above apply is critical to achieving a better outcome. If you and your spouse are considering dissolving a marriage, contact the team at Drexler Law. Our Colorado Springs annulment lawyers have successfully achieved invalidating or annulling marriages with a thorough understanding of the law and how to apply it.
Contact Drexler Law today by dialing (719) 259-0050 or contacting us online to get started on your case.
What Are the Requirements for an Annulment in Colorado?
In Colorado, declaring the invalidity of a marriage is also known as an annulment. There are several requirements to annul a marriage. For example, if one party is unable to provide consent at the time of the marriage, then it would officially be considered an invalid marriage. Below, we explain the requirements in detail.
Not all marriages can be annulled. However, with the help of an experienced annulment attorney, you may be able to make a case as to why your marriage qualifies.
Colorado courts are required to invalidate a marriage where:
- A party lacked the capacity to consent to the marriage at the time the marriage was solemnized, including situations where one of the parties was under the influence
- A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was contracted know of the incapacity
- A party was underage and did not have the consent of his parents or guardian or judicial approval
- One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage
- The parties were married when one or both were under duress exercised by either the other party or someone else altogether (you know, the shotgun wedding!), whether or not such other party knew the other party was under duress at the time of the marriage
- One or both parties entered into the marriage as a dare
- The marriage is illegal, i.e. polygamy, relative marriages
In some cases, multiple factors may exist; however, certain factors may be the source of major contention which will result in additional litigation and perhaps the denial of the petition for invalidity.
When Should Annulment Be Sought?
Think of a situation where a party lacks the physical ability to consummate the marriage. Alleging this fact alone may cause unnecessary embarrassment and cause an immediate defensive reaction. Oftentimes, additional factors may be satisfied that will yield the same result (i.e. invalidating the marriage).
The "drunk wedding" may also give rise to one or more factors; however, intoxication in itself can be more difficult to prove in a court of law than you might think. Therefore, gathering witnesses and other documentation (i.e. a bar tab or credit card receipts showing the timing of alcohol consumption) is important to substantiate the claim for invalidity where a party lacked the capacity to consent to the marriage.
Attempting to prove that a party was influenced, coerced or pressured by the other party or a third party can also be challenging. In these cases, the parties will need to establish to the court's satisfaction the presence of the influence and the impact it had on the ability of the party to resist the pressure to marry.
Residency Requirements for Annulment in Colorado
The good news is that as long as the marriage occurred in Colorado or at least one of the parties has been domiciled in Colorado for 30 days, a petition for invalidity can be filed with the court. By law, children born or adopted of an invalid marriage are deemed to be legitimate children. This designation can often be a sensitive issue because the conventional thought is that children would be considered illegitimate; however, Colorado law provides just the opposite.
Contact an attorney right away if you believe you have grounds to invalidate your marriage because certain timelines and deadlines apply to filing a petition for invalidity. In some cases, the deadline is as little as six months from the date of marriage.
Dial (719) 259-0050 now and schedule your consultation with Drexler Law.
Hear From Our Clients
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"Outstanding Representation!"
Matthew Drexler represented me during a difficult period of time in my life. He did an outstanding job understanding all of my issues, was very responsive, and gave me the best advice possible. Additionally, his staff was very helpful and the whole team worked together to make this a rather fairly pleasant experience for me. I couldn't have asked for better representation. I am very happy with the end result and I would highly recommend him to anyone who has made the decision to file for a divorce.- Jason R.Colorado Springs, CO -
"They are very thorough, make every effort to be completely prepared, and tell you clearly what to expect."
Great law office! I would recommend anyone in Colorado springs who needs a divorce or family law lawyer to go here. Brian Melton was my attorney but Matt Drexler was involved as well. They are very thorough, make every effort to be completely prepared, and tell you clearly what to expect. Everyone I've worked with has been caring and supportive and it's obvious they understand their clients are going through difficult situations.- Dan L. -
"Everyone on the staff always treated us like family."
Mrs. Drexler was awesome! We had a tuff case, fighting for custody of our grandson after his mother's passing. Mrs. Drexler was very patient and understanding with me, knowing how nervous and confused at times I was. She was quick to respond to emails, no matter the importance! Matt and Caitlin Capo were also great! There was always someone available and willing to help. Everyone on the staff always treated us like family. The cost was definitely worth the knowledgeable and family oriented services we received! We would definitely recommend Drexler Law to anyone in need of a friendly knowledgeable Law firm! Thank you so much to everyone at Drexler Law, for everything you have done for me and my family! A+++++++++- Michael M., CO -
"I made the right decision in choosing Drexler Law Firm."
I had a fantastic experience with Drexler Law firm. A few years ago I had gone through a very rough period in my life, and voluntarily turned over my children to their mother for primary care while I hunted for jobs. However, I did not use an attorney, and wound up giving her complete custody, something I had not expected, and was told I would not get them back. After getting my job back, I researched law firms and saw that Drexler specialized in family law, child support, and custody issues. They were up-front with me on costs and chances of winning my children back. We won. I'm back with my children with fully joint custody, and we even avoided going to court. Having a knowledgeable law firm represent you is the only way to go when everything matters. During the legal back-and-forth process, it was easy to tell that the level of effort, experience, and skill on the part of Drexler was far above the opposing counsel. I made the right decision in choosing Drexler Law Firm.- Mike -
"“If you bungle raising your children, nothing else matters” - Jacqueline Kennedy Onassis"
I am currently going through a lot of tough situations and they are equal parts compassionate, empathetic, honest regarding expectations/expenses, and VERY quick to respond to any questions.- Former ClientColorado Springs, CO -
"Matt and Teresa and their team are outstanding attorneys who went above and beyond to help my family."
Incredible professionalism and outstanding service. Matt and Teresa and their team are outstanding attorneys who went above and beyond to help my family. Thanks to them my family is whole and safe. If you want exceptional representation and attorneys you can count on, Matt and Teresa Drexler are just that.
Thank you again for all you have done for me and my family Matt and Teresa. You and your team are incredible.- Tyler M.
Why Choose Drexler Law?
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Knowledgeable
Our priority is to give our clients the best chance at a fair and favorable outcome.
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Compassionate
We understand that what you are going through is not easy.
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Flexible
We are available and there for you, whenever you need us.
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Experienced
We will vigorously protect your rights as we guide you through the process.
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Comforting
We believe in maintaining a comfortable environment for our clients.
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Family Firm
The benefit of working with a family firm is that we will treat you like family.
