When a marriage is no longer sustainable, couples in Colorado have several legal options to consider: divorce, annulment, and legal separation. Each path has different legal implications, eligibility requirements, and outcomes. Understanding the differences is crucial for making an informed decision about your future.
Divorce in Colorado
Divorce, or the dissolution of marriage, is the legal process of ending a marital union. Colorado’s state follows a “no-fault” divorce system, meaning neither spouse must prove wrongdoing. Instead, one party must assert that the marriage is “irretrievably broken.”
Requirements for Divorce in Colorado
- Residency Requirement: At least one spouse must have lived in Colorado for 91 days before filing for divorce.
- Waiting Period: Colorado imposes a mandatory 91-day waiting period after filing before a divorce can be finalized.
- Division of Assets: Colorado follows equitable distribution laws, meaning the court divides marital assets fairly but not equally.
- Child Custody and Support: If children are involved, custody, known as “parental responsibility,” and child support must be determined.
- Spousal Maintenance: Also called alimony, one spouse may be required to provide financial support to the other depending on factors like income disparity and length of the marriage.
Once the divorce is finalized, both parties are legally single and free to remarry.
Annulment in Colorado
An annulment, legally referred to as a “declaration of invalidity of marriage” in Colorado, is different from divorce in that it treats the marriage as though it never legally existed. Annulments are granted only under specific conditions, typically related to fraud, coercion, or incapacity at marriage.
Grounds for Annulment in Colorado
A court may grant an annulment if one of the following applies:
- Lack of Consent: One party was under the influence of alcohol or drugs or was mentally incapacitated at the time of the marriage.
- Fraud or Misrepresentation: One spouse entered the marriage based on false information, such as hiding previous marriages or inability to have children.
- Duress or Coercion: A party was forced into marriage against their will.
- Underage Marriage: One spouse was under the legal marriageable age without parental or court approval.
- Bigamy: One spouse was already married to another person at the time of the marriage.
- Impotence: One spouse is physically unable to consummate the marriage, and the other was unaware of this condition before the marriage.
Unlike divorce, an annulment erases the marriage from legal records, meaning it is as if it never occurred. However, issues like child custody and property division may still need to be addressed by the court.
Legal Separation in Colorado
Legal separation provides an alternative to divorce for couples who no longer wish to live together but do not want to dissolve their marriage. This option allows spouses to divide assets, determine child custody arrangements, and establish financial support without officially terminating the marriage.
Why Choose Legal Separation?
Couples may opt for legal separation over divorce for several reasons, including:
- Religious Beliefs: Some faiths discourage or prohibit divorce.
- Health Insurance: Staying legally married may allow one spouse to retain health insurance benefits.
- Financial Considerations: Legal separation may provide tax benefits or allow a spouse to remain eligible for Social Security or military benefits.
- Possibility of Reconciliation: Some couples choose legal separation as a step before deciding whether to divorce.
How Legal Separation Works
The legal process for separation is similar to divorce and includes:
- Filing a Petition: One spouse files for legal separation in the appropriate Colorado court.
- Division of Assets and Debts: The court ensures an equitable distribution of property.
- Parental Responsibilities and Child Support: The court will establish custody and support arrangements if children are involved.
- Spousal Maintenance: A spouse may be entitled to financial support, just as in divorce proceedings.
Unlike divorce, a legally separated couple remains married in the eyes of the law, meaning they cannot remarry unless they later convert the separation into a divorce.
Choosing the Right Option for Your Situation
Deciding between divorce, annulment, and legal separation depends on individual circumstances. If the marriage meets the criteria for annulment, it may be the best choice for those who want to erase the union from legal existence. Legal separation may be preferable for couples who need financial or religious considerations. However, divorce is the most suitable path for a couple to move forward independently and remarry.
Navigating family law matters can be complex, and legal guidance is essential to protecting your rights and interests. Whether you are considering divorce, annulment, or legal separation, an experienced attorney can help you understand your options and achieve the best outcome.
Contact a Colorado Divorce Lawyer
If you are facing a significant life change and need legal assistance, Baker Law Group is here to help. Our experienced Colorado family law attorneys can guide you through the divorce, annulment, or legal separation process while protecting your rights. Contact Baker Law Group today to schedule a consultation and discuss the best path forward for your future.
