In Colorado, married couples that want to get a legal divorce can also consider annulment as an option. The divorce terminates the marital relations, but the annulment declares that the marriage never occurred in the first place. We will look at the differences between the two so that you can decide what’s best for your situation.
The Effects of Annulment vs. Divorce on Children
Anytime that two parents separate, there are effects to the children involved. The children might suffer from poor academic or sports performance, loss of interest in activities, difficulty adapting, emotional sensitivity, irritability, anger, guilt, and health problems. It’s vital to work with your spouse as a collaborative front to minimize the effects on your children. At the least, it’s essential to keep the lines of communication open with the children and reassure them that this separation is not their fault.
Child Custody: Annulment vs. Divorce
Even though the marriage is erased with an annulment, there are no changes with child custody versus getting a divorce. In both cases, the parents have protected rights to see and raise the children. It’s wise to get legal representation before attempting to move forward on a child custody case.
Child Support: Annulment vs. Divorce
The annulment erases the marriage but doesn’t affect the child’s right to financial support from the parent. Child support guidelines are followed whether there is a marriage involved or not. If you attempt to file for child support without legal representation, you are leaving yourself open to errors and could prevent the child from getting what is needed.
Annulment vs. Divorce: Which Option is Easier for You?
In Colorado, you can get a no-fault divorce. Because of this, you don’t need to prove any blame. This regulation makes it much easier to get a divorce versus an annulment. With an annulment, you are going to have to follow several requirements.
Related Article: The Difference Between Annulment & Divorce
Annulment Requirements in Colorado
To receive an annulment in Colorado, you must prove that you qualify for it. There are certain criteria to get an annulment, including the proof that one of these has occurred.
- When the marriage took place, one or both of the spouses could not provide consent. This can be due to drug use or a lack of mental capacity.
- One spouse is unable to physically consummate the marriage, and the other partner was unaware at the time of marriage.
- One partner was under the legal age of consent, which is 18 in Colorado or 16 with guardian approval or the state family court.
- A spouse married based on a fraudulent act or misrepresentation from the other that is deemed part of the “essence” of the union.
- A spouse was under duress when the marriage occurred, or got married as a jest or a dare.
- The marriage is void based on state law violations, such as incest or bigamy.
Divorce Requirements in Colorado
To receive a Colorado divorce, one spouse must be a resident for at least 91 days before the proceedings. If the case involves children, the child must be a resident for at least 182 days. The filing party puts a Petition for Dissolution of Marriage to the district court. The Respondent has 21 days to file a response or 35 days if out of the state. The current filing fee for a Colorado divorce petition is $195.
Steps to File For Divorce
Ideally, you will meet with a Colorado lawyer before filing your petition. Then, the petition for dissolution of marriage is filed with the state. From there, the respondent is served, and a court date is set.
Reasons To Get An Annulment
If you got married and later found out that the terms of your marriage weren’t what you thought, such as if one partner claimed to be pregnant when they were not. Incompetency, underage spouses, or bigamy are also other reasons for an annulment.
Reasons For Divorce
You can get a divorce for any reason considering that Colorado is a no-fault state. Some of the most common reasons for divorce include irreconcilable differences, money pressure, and infidelity.
Colorado is a no-fault state, so you don’t need any reason to get a divorce. There’s no need to prove fault to the family court.
Annulment vs. Divorce: Consider the Best Interest of the Child
If you are worried about your children, it might be best to opt for a divorce. It’s easier to get and will require less effort, which reduces the stress level.
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Divorce Lawyer in Denver
To get help with your Denver divorce or child support, contact Thomas Ramunda at South Denver Law. His experience is unprecedented, and he has two office locations for your convenience. Visit at 19590 E. Mainstreet, Suite 103, Parker, CO 80138 (Parker/Main Office), and 4610 Ulster Street, Suite 150, Denver, Colorado 80237 (Denver Tech Center).
Divorce Lawyer in Parker
Thomas Ramunda provides the expert guidance you need during a Denver divorce or child support hearing. Visit the professional team at 19590 E. Mainstreet, Suite 103, Parker, CO 80138 (Parker/Main Office) or 4610 Ulster Street, Suite 150, Denver, Colorado 80237 (Denver Tech Center).
Divorce Lawyer in Colorado Springs
If you want a Colorado Springs divorce lawyer or child support guidance, you can trust Thomas Ramunda. He has years of experience helping military families just like yours. Let him help you find the amicable solution that works for all parties.