Legal Separation and Annulment in Colorado
Whether Colorado offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. A legal separation case can do everything a divorce can, including dividing property and debts and setting a parenting plan and child support, but it does not end the marriage or civil union. Colorado Judicial Branch, Divorce or Legal Separation; C.R.S. § 14-10-106
| Legal separation | Yes. A legal separation case can do everything a divorce can, including dividing property and debts and setting a parenting plan and child support, but it does not end the marriage or civil union. It has the same 91-day residency and waiting rules, and a legal separation can later be converted to a divorce. |
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| Annulment | Colorado calls annulment a declaration of invalidity. Grounds are: lack of capacity to consent (mental incapacity or alcohol or drugs); physical inability to consummate unknown to the other spouse; being underage without required consent or court approval; fraud going to the essence of the marriage; duress; marrying as a jest or dare; or a marriage prohibited by law (such as bigamy or close family relationship). Most grounds must be raised within six months of learning of the problem, one year for inability to consummate, and 24 months from the marriage for being underage. Source: C.R.S. § 14-10-111 |
Where to get help in Colorado
More Colorado divorce & family law
- Getting a Marriage License in Colorado
- Adopting a Child in Colorado
- Guardianship of a Child or Adult in Colorado
- Establishing Paternity in Colorado
- Changing Your Name in Colorado
- Child Custody Laws in Colorado
- How Child Support Is Calculated in Colorado
- Divorce Records in Colorado
- Alimony and Spousal Support in Colorado
- How to File for Divorce in Colorado
- All Colorado divorce & family law rules
FAQ
Can you get a legal separation in Colorado?
Yes. A legal separation case can do everything a divorce can, including dividing property and debts and setting a parenting plan and child support, but it does not end the marriage or civil union. It has the same 91-day residency and waiting rules, and a legal separation can later be converted to a divorce.
What are the grounds for annulment in Colorado?
Colorado calls annulment a declaration of invalidity. Grounds are: lack of capacity to consent (mental incapacity or alcohol or drugs); physical inability to consummate unknown to the other spouse; being underage without required consent or court approval; fraud going to the essence of the marriage; duress; marrying as a jest or dare; or a marriage prohibited by law (such as bigamy or close family relationship). Most grounds must be raised within six months of learning of the problem, one year for inability to consummate, and 24 months from the marriage for being underage.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.