Family Cases
Family Cases

Annulment

In this section:

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Annul or Cancel a Marriage

About Annulment

If you are married, but you no longer want to be married, you will need to go through the divorce process to end your marriage.

In order to get a marriage annulled, you must be able to show that your marriage was not valid (for example, you got married to someone who is still married to someone else). If your marriage is not valid, it means that you do not have to go through the divorce process to end the marriage because you were not actually married in the first place.

Criteria for Starting an Annulment

If you got married in Colorado, you can start your case immediately.

If you did not get married in Colorado, either you or your spouse must live in Colorado for at least 30 days before starting your case.

How to Start an Annulment

To start your case, you should file your paperwork in the district court in the county where you or your spouse live. 

You and your spouse can file an annulment case together, or you can file the case on your own. You decide if you want to file together or file on your own. The court cannot make this decision for you.

How to File Together with Your Spouse

If you and your spouse decide to file your annulment case together, you will be known as the Petitioner, and your spouse will be known as the Co-Petitioner.

Forms and Paperwork Required

Use the forms link above to download and fill out JDF 1000 Case Information Sheet and JDF 1041 Petition for Declaration of Invalidity of Marriage. For detailed instructions on how to complete these forms, review JDF 1040 Instructions to File for a Declaration of Invalidity of Marriage.

Complete the Verification Section on the Petition

Both you and your spouse must complete the Verification section on the last page of the Petition, including the day, month, and year in which you are signing, the location where you are when you sign the document, and your printed name and signature.

You do not need to complete the Verification section at the same time. You can complete the Verification section, then give the form to your spouse and have him/her complete their Verification section at a later time.

How to Submit Paperwork to the Court

  1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. Either you or your spouse can drop off the forms at the court, and it is not necessary that you go together.
  2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.
  3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

Annulment Filing Fees

(Annulment) Declaration of Invalidity of Marriage    $230.00

How to File on Your Own

If you decide to file your annulment case on your own, you will be known as the Petitioner, and your spouse will be known as the Respondent.

Forms and Paperwork Required

Use the forms link above to download and fill out JDF 1000 Case Information Sheet, JDF 1601 Petition for Declaration of Invalidity of Marriage, and JDF 1602 Summons for Declaration of Invalidity of Marriage. For detailed instructions on how to complete these forms, review JDF 1600 Instructions to File for a Declaration of Invalidity of Marriage.

Complete the Verification Section on the Petition

You must complete the Verification section on the last page of the Petition, including the day, month, and year in which you are signing, the location where you are when you sign the document, and your printed name and signature. Your spouse does not need to complete the Verification section if you are filing on your own.

How to Submit Paperwork to the Court

  1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.
  2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.
  3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

Arrange to Serve Your Spouse with the Paperwork

After you file your forms with the court, you must arrange to deliver JDF 1601 Petition for Declaration of Invalidity of Marriage and JDF 1602 Summons for Declaration of Invalidity of Marriage to your spouse. The process of arranging to have these forms delivered to your spouse is known as personal service.

The clerk will provide you with a signed copy of JDF 1602 Summons for Declaration of Invalidity of Marriage to be served on your spouse.

Self-Help Service of Process will help you understand how to arrange to personally serve your spouse and how to return proof of service to the court.

After Paperwork Is Filed

After you file your case, the clerk will likely give you a Case Management Order. This document contains information about your case, such as the date of your Initial Status Conference and requirements for filling out additional forms.

  1. Mark the Initial Status Conference date on your calendar.
  2. Additional forms the court may need include:
    • JDF 1111 Sworn Financial Statement
    • JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e)
    • JDF 1115 Separation Agreement
    • JDF 1113 Parenting Plan
    • JDF 1603 Decree of Declaration of Invalidity of Marriage
    • JDF 1117 Support Order
    • JDF 1129 Petitioner/Co-Petitioner/Respondent Pre-Trial Statement
    • Use the View Forms link at the top of this page if the court orders you to complete any forms that are not listed here.
  3. If the Case Management Order gives you specific information on how to schedule a status conference or hearing, follow those steps. If the Case Management Order does not give you specific information on how to do this, see JDF 1122 Instructions to Set a Hearing and to Complete a Notice of Hearing or Status Conference Form for instructions.
  4. If you need to calculate child support or maintenance, use the child support/maintenance calculator.

Initial Status Conference

You and your spouse should both attend the Initial Status Conference. Give your spouse notice of the Initial Status Conference at least 14 days before the date of the Initial Status Conference. Check with the court about how to give notice. By doing this, you will still be able to move forward with your case even if your spouse does not show up to the Initial Status Conference.

You must go to the Initial Status Conference even if your spouse has not yet been served. By law, the Initial Status Conference must happen within 42 days of the filing of your case.

Bring the forms required by your Case Management Order with you to the Initial Status Conference.

You will most likely meet with a Family Court Facilitator at your Initial Status Conference. The Family Court Facilitator will help you understand what you need to do during your case and will answer your questions. He or she will also give you instructions about the next steps in your case but cannot give you legal advice.

Additional Resources