Can a marriage that had no witnesses or ceremony be annulled in CO without having to pay and file with court?

Question

He was arrested in 8-03 did time in prison till 8-05, was in the 1/2 way house till the new year(06), moved in with me, and by march 20something of 06, he moved out and in Oct. or Nov. 2006, his P.O. came over, looking for him, and thats when I found out he was on the run again. Well, does all or any of the information I provided assist in finding out if here in the same state (CO) in getting a divorce, do I still have to pay and file as if the whole thing was a traditional marriage? Or is there any way to do it all as simply as it was to get married in the first place?

Answer 1

why? fees are for paperwork.

Answer 2

It is unclear when you presented the facts of your question whether or not you had a marriage license or whether the "unwitnessed" marriage was a common law marriage. I agree with "Savashviro" in as much as you have not really given us enough information as to whether there was a valid marriage or whether it was just a matter of spoken words between the two of you that you were husband and wife. You may have just been cohabiting.

The law regarding getting an annulment is covered by Colorado Statutes §14-10-111. There is a wide distinction between a conventional annulment proceeding and a conventional action for divorce. An annulment proceeding is one in which the validity of a marriage is challenged from its inception on the ground that one or both of the parties was underage, on the ground that one or both of the parties was married to another person, on the ground that the proceeding was attended by fraud, or on some other fairly comparable ground. An action for divorce is one in which termination is sought of a valid marriage. Gainey v. Fleming, 279 F.2d 56 (10th Cir. 1960).

For instructions on how to get an annulment in Colorado, click here: http://www.courts.state.co.us/chs/court/forms/domestic/jdf1600.doc
There is a filing fee of $179.00, however if you cannot afford the fee, you can file a motion to file without fees (with supporting financial affidavit). There may be some additional fees as detailed in the instructions. The forms are available on the internet, and there is a link from the above word document to the forms you will need.

There are also fees for filing for a divorce, and the fees are comparable. The procedure is outlined in the following set of instructions: http://www.courts.state.co.us/chs/court/forms/domestic/jdf1099.pdf

You should be aware that the only way to end a common law marriage is to do it by a divorce through the courts.

If you were just cohabiting, there is no legal relationship that needs to be terminated by the courts.

Answer 3

What makes you think you're married now?