Colorado Annulment Laws: Grounds, Deadlines and How to File (2026)

Yes. Colorado grants annulments, but the statute calls the result a declaration of invalidity of marriage. Under C.R.S. § 14-10-111, the district court declares a marriage invalid on one of the grounds the statute lists, and each ground carries its own filing deadline, from six months after you learn of the problem to the settlement of either spouse's estate.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers declarations of invalidity of marriage (annulment) under Colorado law, mainly C.R.S. 14-10-111, with related rules in 14-2-106, 14-2-108, 14-2-111, 14-10-114, 15-11-802 and 19-4-105. It does not cover dissolution of marriage, civil-union invalidity rules in article 15 of title 14, religious annulment, or other states' law. For divorce, see Colorado divorce laws.

What Colorado calls an annulment

Colorado law does not use the word annulment in its main statute. C.R.S. § 14-10-111 provides:

"The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:"

The Colorado Judicial Branch self-help site uses both names, describing the process as annulment or a declaration of invalidity of marriage. Its annulment page explains that "in order to get a marriage or civil union annulled, you must be able to show that it was not valid."

Many states sort annulment grounds into void and voidable marriages. Colorado's annulment statute does not use that split. Every ground listed in 14-10-111 leads to the same kind of court decree, and the statute assigns each ground its own list of who may file and its own deadline.

Grounds for annulment in Colorado

The table below sets out each ground in 14-10-111, who the statute allows to bring the case, and the time limit. Besides each ground's time limit, 14-10-111(2) bars a declaration on any ground other than a prohibited marriage once either spouse has died; prohibited marriages follow the death and estate deadlines in 14-10-111(3).

The deadlines for incapacity, fraud, duress and jest run from when the person filing obtained knowledge of the problem, not from the wedding date. The underage deadline runs from the date of the marriage.

Marriages prohibited by law

Section 14-10-111 gives these marriages as examples of marriages prohibited by law (its list says "including the following"), and each can be declared invalid:

• Bigamy: "A marriage entered into prior to the dissolution of an earlier marriage of one of the parties."
• Close relatives by descent: a marriage between an ancestor and a descendant, or between a brother and a sister, whether related by the half or the whole blood.
• Aunts, uncles, nieces and nephews: a marriage between an uncle and a niece or an aunt and a nephew, by the half or whole blood, "except as to marriages permitted by the established customs of aboriginal cultures."
• Void where contracted: "A marriage which was void by the law of the place where such marriage was contracted."

C.R.S. 14-2-110 also prohibits a marriage entered into before an earlier civil union of one of the parties was dissolved (14-2-110(1)(a.5)). First cousins do not appear on either list.

The time limit for these grounds is much longer than for the others. Under 14-10-111(3), the case may be brought at any time before the death of either party, before the final settlement of either party's estate and the discharge of the personal representative, or within six months after an estate is closed under 15-12-1204.

Underage marriage in Colorado

Colorado rewrote its rules for minors in 2019. HB 19-1316, which took effect August 2, 2019, removed the parental-consent route and the under-16 route, leaving one exception to the age-18 rule: a 16- or 17-year-old may marry with approval from the juvenile court. Under C.R.S. 14-2-108(1), the juvenile court, after a reasonable effort to notify the parents or guardians, may order the county clerk and recorder to issue a marriage license to a person 16 or 17 years old.

The 2019 act requires a guardian ad litem to report to the court on the minor's best interests, and pregnancy alone does not establish best interests. It removed the earlier route for anyone under 16, so Colorado's absolute floor is 16 with court approval. The act also added 14-2-109.3, which gives married minors the right to their own domicile, to sue in their own name, to make contracts and to consent to their own medical care, and it requires both parties to a proxy marriage to be 18 or older.

A marriage that violates the license age rule is not automatically void. C.R.S. 14-2-106(1)(b) says the violation "makes the marriage voidable." The underage party, a parent or a guardian can seek a declaration of invalidity within 24 months of the wedding (14-10-111(2)(c)). The 14-10-111(1)(c) wording still mentions parental consent, but since 2019 a license for a 16- or 17-year-old requires juvenile-court approval (14-2-106(1)(a)(I)).

In 2026 the legislature considered SB26-048, which would have repealed the judicial-approval exception and required everyone to be at least 18. The Colorado General Assembly's bill page lists its status as Lost, so it did not become law and the court-approval route for 16- and 17-year-olds remains in the statutes.

The Colorado Judicial Branch posts the petition and order forms for court approval of an underage marriage (JDF 1412 and JDF 1427) on its underage marriage self-help page.

Who can file and where: residency and court

Court. Declarations of invalidity are decided by the district court (14-10-111). The Colorado Judicial Branch says to file in the district court for the county where you or your spouse live. Spouses can file together as petitioner and co-petitioner, or one spouse can file alone as petitioner against a respondent.

Residency. Under 14-10-111(7), no decree may be entered "unless one of the parties has been domiciled in this state for thirty days next preceding the commencement of the proceeding or unless the marriage has been contracted in this state." That is shorter than the 91-day domicile requirement for divorce and legal separation in 14-10-106(1)(a)(I).

How to file for an annulment in Colorado

The Colorado Judicial Branch's Annul or Cancel a Marriage page lists the forms and steps. The core filing set is:

• JDF 1000: Case Information Sheet.
• JDF 1040: instructions for the case.
• JDF 1041: Petition for Declaration of Invalidity of Marriage (a joint version is available when both spouses file together).
• JDF 1042: Summons.

After filing, the self-help page says the clerk will likely give you a Case Management Order, and the self-help page says the initial status conference is held within 42 days of filing. If the court grants the case, it enters the decree on JDF 1049. The self-help page lists further forms that may be needed in a particular case. Court filing fees change, so check the current amount with the court or on the self-help page before filing.

What happens to children, property and support

The decree reaches back to the wedding. Under 14-10-111(5), "Marriages declared invalid under this section shall be so declared as of the date of the marriage."

Property, maintenance and child-related orders still apply. Section 14-10-111(6) makes the dissolution article's provisions on "the property rights of spouses, maintenance, and support of and the allocation of parental responsibilities with respect to the children" applicable to decrees of invalidity. C.R.S. 14-10-114(2) confirms that the court may order maintenance at permanent orders in "dissolution of marriage, legal separation, or declaration of invalidity proceedings." For how maintenance amounts are set, see Colorado alimony laws.

Parentage of children. Colorado's parentage statute, C.R.S. 19-4-105(1)(a), presumes parentage for a child born within 300 days after a marriage "is terminated by death, annulment, declaration of invalidity of marriage or civil union, dissolution of marriage or civil union, or divorce." Section 19-4-105(1)(b) also covers an attempted marriage solemnized in apparent compliance with law that is or could be declared invalid. In a declaration-of-invalidity case, 14-10-106(1)(c) treats the court as having adjudicated parentage if the final order identifies a child of the marriage or provides for support by the husband.

Inheritance. Under C.R.S. 15-11-802(1), a person whose marriage to the decedent has been annulled "is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death."

This page does not cover whether a declaration of invalidity restores a former name; the court's self-help instructions on name restoration are written for divorce and legal separation decrees.

Putative spouse protection

Colorado protects a person who believed in good faith that the marriage was valid. C.R.S. 14-2-111 provides:

"A person who has cohabited with another to whom he or she is not legally married in the good faith belief that he or she was married to that person is a putative spouse until knowledge of the fact that he or she is not legally married terminates his or her status and prevents acquisition of further rights."

A putative spouse acquires the rights of a legal spouse, including the right to maintenance after the status ends, whether the marriage is prohibited under 14-2-110, declared invalid, or otherwise ended by court action. When there is both a legal spouse and a putative spouse, the statute has the court apportion rights among them.

Annulment vs. divorce in Colorado

A divorce (dissolution of marriage) ends a valid marriage, while a declaration of invalidity finds that the marriage was never valid and dates that finding back to the wedding. Colorado divorce is no-fault and requires 91 days' domicile; see Colorado divorce laws for grounds and procedure.

If you are unsure whether you were legally married at all, for example in an informal relationship, see Colorado common-law marriage. A church or religious annulment is a separate process from a court's declaration of invalidity, and one does not substitute for the other.

Getting a copy of the decree

A declaration of invalidity is a court record. For how to request certified copies of court decrees and marriage records, see Colorado marriage and divorce records.

Disclaimer: This article provides general legal information about declarations of invalidity of marriage under Colorado law, mainly C.R.S. 14-10-111. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Colorado or the Colorado Judicial Branch's self-help resources.

Related

• Annulment laws in every state
• Colorado divorce laws
• Colorado common-law marriage
• Colorado alimony laws
• Colorado marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

How long do you have to get an annulment in Colorado?

It depends on the ground. Incapacity, fraud, duress and jest claims must be filed within six months after the petitioner learns of the problem, inability to consummate within one year, and an underage marriage within 24 months of the wedding. None of these can be sought after either spouse has died (C.R.S. 14-10-111(2)).

Can you get an annulment in Colorado for fraud?

Yes, if the fraudulent act or representation goes to the essence of the marriage. The aggrieved party must file no later than six months after learning of the fraud (C.R.S. 14-10-111(1)(d), (2)(a)).

What is a declaration of invalidity of marriage in Colorado?

It is the court decree Colorado uses in place of the word annulment. It finds the marriage was not valid, and under C.R.S. 14-10-111(5) the finding takes effect as of the date of the marriage.

Do you have to live in Colorado to get an annulment there?

Not if you married in Colorado: the Colorado Judicial Branch says a couple married in Colorado can start the case immediately. Otherwise you or your spouse must have lived in Colorado for at least 30 days before filing (C.R.S. 14-10-111(7)).

Can you get alimony after an annulment in Colorado?

The court may order maintenance at permanent orders in a declaration-of-invalidity proceeding (C.R.S. 14-10-114(2)), and a good-faith putative spouse can have a legal spouse's right to maintenance (C.R.S. 14-2-111).

Who can challenge a bigamous marriage in Colorado?

A marriage entered before an earlier marriage was dissolved is a ground for a declaration of invalidity, which a party, the legal spouse, a state official or a child of either party can seek until the death or estate deadlines in C.R.S. 14-10-111(3).