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Home Self Help Annulment
Home Self Help Annulment
Annulment
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.

  • How do I annul or cancel my marriage?
    • 2. Identify when you can file your paperwork.
      • * 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.

    • 1. Decide if you meet the requirements to ask the court to annul your marriage.
      • * 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 annuled, 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.

    • 3. Identify where you should file your paperwork.
    • 4. Decide whether you and your spouse will file the case together.
      • * 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.

    • 5. If you and your spouse decide to file the case together, follow these steps.
      • 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.

         

        STEP 1- Download and complete your forms.

        * Download and complete these forms:
        * JDF 1000 Case Information Sheet, and
        * JDF 1601 Petition 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.

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Both you and your spouse must sign the Petition in front of a notary public a court clerk at the courthouse where you will file your case. You do not need to do this at the same time (Eg: you can sign in front of a notary or court clerk, give the form to your spouse and have him/her sign in front of a notary or court clerk at a later time). You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * You and your spouse will need to pay any notarization fees.

         

        STEP 3- File your Forms with the Court.

        * Take your completed JDF 1000 Case Information Sheet and JDF 1601 Petition for Declaration of Invalidity of Marriage 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 both go together.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

    • 6. If you decide to file the case on your own, follow these steps.
      • 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.

         

        STEP 1- Download and Complete your Forms.

        * Download and complete:
        * 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 fill out these forms, review JDF 1600 Instructions to File for a Declaration of Invalidity of Marriage.

         

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Take your completed JDF 1601 Petition for Declaration of Invalidity of Marriage to either a notary public, or to a court clerk at the courthouse where you will file your case. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * Sign JDF 1601 Petition for Declaration of Invalidity of Marriage in front of the notary public or court clerk and pay the notarization fee. Your spouse DOES NOT need to sign the forms.

         

        STEP 3- File your forms with the court.

        * Take your completed JDF 1000 Case Information Sheet, JDF 1601 Petition for Declaration of Invalidity of Marriage, and JDF 1602 Summons for Declaration of Invalidity of Marriage to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

         

        STEP 4- 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.

        * Refer to the step-by-step instructions on how to arrange for personal service on your spouse and how to return proof of service to the court.

         

    • 7. Read your Case Management Order and complete additional forms.
      • * 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

        Refer to the complete list of forms if the court orders you to complete any forms that are not listed above.

        (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.

    • 8. Go to your 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.

  • How do I annul or cancel my civil union?
    • 1. Decide if you meet the requirements to ask the court to annul your civil union.
      • * If you are in a civil union, but you no longer want to be in a civil union, you will need to go through the dissolution of civil union process to end your civil union.

        * In order to get a civil union annuled, you MUST be able to show that your civil union was not "valid" (for example, you entered into a civil union with someone who is still in a civil union with someone else or is still married to someone else). If your civil union is not "valid", it means that you do not have to go through the dissolution of civil union process to end the civil union because you were not "actually" in a civil union in the first place.

    • 2. Identify when you can file your paperwork.
      • * If you got a civil union in Colorado, you can start your case immediately.

        * If you DID NOT get a civil union in Colorado, either you or your partner must live in Colorado for at least 30 days before starting your case.

    • 3. Identify where you should file your paperwork.
      • * To start your case, you should file your paperwork in the district court in the county where you or your partner live.  To find your district court, click on Courts by County.

    • 4. Decide whether you and your partner will file the case together.
      • * You and your partner can file for and 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.

    • 5. If you and your partner decide to file the case together, follow these steps.
      • If you and your partner decide to file your annulment case together, you will be known as the Petitioner and your partner will be known as the Co-Petitioner.

         

        STEP 1- Download and complete your forms.

        * Download and complete these forms:
        * JDF 1000 Case Information Sheet, and
        * JDF 1261 Petition for Declaration of Invalidity of Civil Union

        * For detailed instructions on how to complete these forms, review JDF 1268 Instructions to File for a Declaration of Invalidity of Civil Union.

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Both you and your partner must sign the Petition in front of a notary public a court clerk at the courthouse where you will file your case. You do not need to do this at the same time (Eg: you can sign in front of a notary or court clerk, give the form to your partner and have him/her sign in front of a notary or court clerk at a later time). You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * You and your partner will need to pay any notarization fees.

         

        STEP 3- File your Forms with the Court.

        * Take your completed JDF 1000 Case Information Sheet and JDF 1261 Petition for Declaration of Invalidity of Civil Union to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.  Either you OR your partner can drop off the forms at the court, and it is not necessary that you both go together.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

    • 6. If you decide to file the case on your own, follow these steps.
      • If you decide to file your annulment case on your own, you will be known as the Petitioner and your partner will be known as the Respondent.

         

        STEP 1- Download and Complete your Forms.

        * Download and complete:
        * JDF 1000 Case Information Sheet,
        * JDF 1261 Petition for Declaration of Invalidity of Civil Union, and
        * JDF 1262 Summons for Declaration of Invalidity of Civil Union

        * For detailed instructions on how to fill out these forms, review JDF 1268 Instructions to File for a Declaration of Invalidity of Civil Union (Annulment)

         

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Take your completed JDF 1261 Petition for Declaration of Invalidity of Civil Union to either a notary public, or to a court clerk at the courthouse where you will file your case. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * Sign JDF 1261 Petition for Declaration of Invalidity of Civil Union in front of the notary public or court clerk and pay the notarization fee.  Your partner DOES NOT need to sign the forms.

         

        STEP 3- File your forms with the court.

        * Take your completed JDF 1000 Case Information Sheet, JDF 1261 Petition for Declaration of Invalidity of Civil Union and JDF 1262 Summons for Declaration of Invalidity of Civil Union to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

         

        STEP 4- Arrange to serve your partner with the paperwork.

        * After you file your forms wtih the court, you must arrange to deliver JDF 1261 Petition for Declaration of Invalidity of Civil Union and JDF 1262 Summons for Declaration of Invalidity of Civil Union to your partner. The process of arranging to have these forms delivered to your partner is known as personal service.

        * The clerk will provide you with a signed copy of JDF 1262 Summons for Declaration of Invalidity of Civil Union to be served on your partner.

        * Refer to the step-by-step instructions on how to arrange for personal service on your partner and how to return proof of service to the court.

    • 7. Read your Case Management Order and complete additional forms.
      • * 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 1256 Separation Agreement
        * JDF 1273 Parenting Plan
        * JDF 1263 Decree of Declaration of Invalidity of Civil Union
        * JDF 1117 Support Order
        * JDF 1129 Petitioner/Co-Petitioner/Respondent Pre-Trial Statement

        Refer to the completed list of forms if the court orders you to complete any forms that are not listed above.

        (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.

    • 8. Go to your Initial Status Conference
      • * You and your partner should BOTH attend the Initial Status Conference. Give your partner 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 partner does not show up to the Initial Status Conference.

        * You must go to the initial status conference even if your partner 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.

  • How do I answer if I receive paperwork asking for an annulment?
    • 1. Read the paperwork.
      • * Decide whether or not you agree with the information in the paperwork.

    • 2. Identiry where you should file your paperwork to answer.
      • * The location and contact information of the court where the annulment case was filed is on the top of the paperwork you received.

        * Give your paperwork to the same court that is listed on the paperwork you received.

    • 3. Fill out your Response form and mail or hand-deliver a copy to your spouse/partner.
      • * Download and complete JDF 1270 Response to Petition for Declaration of Invalidity of Marriage (if you are married) or JDF 1271 Response to Petition for Declaration of Invalidity of Civil Union (if you are in a civil union).

        * You will be known as the Respondent and your spouse/partner is the Petitioner.

        * The case number is on the top of the annulment paperwork you received. Use that same number on your response form.

        * You will need to mail or hand-deliver a copy of JDF 1270 Response to Petition for Declaration of Invalidity of Marriage (if you are married) or JDF 1271 Response to Petition for Declaration of Invalidity of Civil Union (if you are in a civil union) to your spouse/partner.  After you mail or hand-deliver a copy to your spouse/partner, complete the Certificate of Service part of the form before filing the form with the court.

    • 4. File your paperwork with the court.
      • * Take your completed JDF 1270 Response to Petition for Declaration of Invalidity of Marriage (if you are married) or JDF 1271 Response to Petition for Declaration of Invalidity of Civil Union (if you are in a civil union) to the clerk at the counter in the courthouse.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box in JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

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