Annulment vs Divorce in Colorado

By Hampton Pigott Staff
Posted on 12-1-2025

Life can go from a rom-com to a very confusing courtroom drama real fast. Many wonder when relationships end, should we divorce or press undo with an annulment? At Hampton & Pigott, we know that separating the "tangled threads" of a life together is never easy. But before you can move forward, you need to know which legal path you’re actually standing on. Let’s break down the difference between the Annulment (the "It Never Happened" move) and Divorce (the "It’s Over" move) here in the beautiful state of Colorado.

The "Delete" Key: What is an Annulment?

In Colorado, an annulment is officially called a "Declaration of Invalidity." It’s the legal version of a time machine. When a marriage is annulled, the court says the marriage was never legally valid to begin with. In the eyes of the law, it didn't just end—it never existed.

When is an annulment possible?

You can't get an annulment just because you realized on day three of the honeymoon that your spouse chews with their mouth open. Colorado has very specific "Grounds for Invalidity," including:

• The "I Didn't Mean It" (Lack of Capacity): One person couldn't give consent because of mental incapacity, drugs, or alcohol.
• The "You Lied To Me" (Fraud): A person was tricked into marriage by a lie that goes to the "heart" of the marriage.
• The "Under Pressure" (Duress): Someone was forced or threatened into saying "I do."
• The "Oops, Still Married" (Bigamy): Turns out one person was already married to someone else. (Yikes.)
• The "Underage" Issue: One person was too young to marry without consent.

The "Hard Stop": What is a Divorce?

A Divorce (Dissolution of Marriage) is the legal ending of a marriage that was validly formed. You both walked down the aisle, the paperwork was legit, but now the relationship has reached its expiration date.

Colorado is a "No-Fault" state. This means you don't have to prove your spouse did something terrible. You just have to tell the court the marriage is "irretrievably broken."

Annulment vs. Divorce

Feature	Annulment (Invalidity)	Divorce (Dissolution)
Legal Status	Marriage is declared "void" from the start.	Marriage was valid but is now over.
Requirements	Must prove specific legal "grounds" (fraud, etc.).	Only need to prove the marriage is broken.
Time Limits	Often have very short windows (sometimes 6 months).	No time limit (as long as residency is met).
Children/Assets	Court still handles custody and support.	Court handles custody, support, and property.

Which One is Preferable?

While the idea of an annulment sounds cleaner—like a legal "clean slate"—it is often much harder to achieve. Proving fraud or duress requires evidence and a specific legal burden that a standard divorce does not.

When to consider an Annulment:

• If you have deep religious or personal reasons for not wanting a "divorce" on your record.
• If the marriage was extremely short and involved a major deception.

When a Divorce is the way to go:

• Most situations! If the marriage was legal when you signed the certificate, divorce is the standard, reliable path to reclaiming your independence.

Why You Need a Guide for the Journey

At Hampton & Pigott, we aren't about the "scorched earth" approach. Whether we are helping you declare a marriage invalid or navigating a complex dissolution, our priority is your financial security and your children's well-being. We help you untangle those threads without snapping them.

Don't wait! If you think you have grounds for an annulment, Colorado law has very strict "statutes of limitation." Some windows close just 6 months after you discover the problem!

Ready to Reclaim Your Independence?

Whether you need an "Undo" or an "Exit," you shouldn't walk that path alone. Contact Hampton & Pigott and we’ll help you go from drama to peace as soon as possible.