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  1. #1
    Join Date
    Oct 2012
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    Default How to Get an Annulment of a U.S. Marriage While Living Abroad

    My question involves a marriage in the state of: Colorado.

    Hello.

    I wonder if any one can offer me some advice. My wife and I wish to get our marriage annulled. The problem is that I live in the UK, and she lives in the US.

    We dont have any money between us really. So going to a lawyer to do this is really out of the question.

    The main issue is, as I understand it, that I'm obviously not going to be able to travel to the US to apear in court in Colorado, or anywhere in the US. Also as I'm out side the us I cant file a response with the court clerk. So what do we do about that?

    Is there anyone who can offer advise?

    We just dont know where else to turn. Any help would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    On what basis are you requesting an annullment versus divorce?

  3. #3
    Join Date
    Oct 2012
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    5

    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    Thanks a lot for the response.

    I told my wife a lie about my past. Basically I told her I was in the army but I never was. She now says that she will never be able to trust me again. So she is going to try to get it annulled for marrying under fraudulent circumstances.

    We got married on September of this year.

  4. #4
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    Sep 2005
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    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    You were married, where, how long ago, and lived together as man and wife where and for how long? When, within that time line, did your spouse learn of the deceit?

  5. #5
    Join Date
    Oct 2012
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    5

    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    Quote Quoting Mr. Knowitall
    View Post
    You were married, where, how long ago, and lived together as man and wife where and for how long? When, within that time line, did your spouse learn of the deceit?
    Thaks for the reply... here's a summery of what happened. We married in Colorado on the 10th of September this year.

    We have never lived together. We met on a forum. We met each other a few times. Then I went on holiday to the US to see her and we got married while I was there.

    We applied for me to get a green card to move to the US while I was there.

    When I returned to the UK I decided that I would tell her the truth that I'd never been in the army. This was about 2 weeks after we had got married.

    She was undecided as to what to do about it. But has now after lots of thought decided that she wants to annul the marriage.

    I am in the UK. She lives in colorado.

  6. #6
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: How to Get an Annulment of a U.S. Marriage While Living Abroad

    You both should consider the potential for Federal charges of immigration fraud to be investigated. This has the sounds of a business deal gone bad.

  7. #7
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    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    No offense, that sounds more like a case of immigration fraud gone wrong. I don't find it plausible that your wife entered the marriage based upon your representation that you were in the military, as opposed to wanting to end the marriage because you lied. I further don't think a judge would view that misrepresentation as going to the essence of the marriage - there we're talking about issues such as fertility, STD's, desire for children, and the like.

    If your wife wants to file for an annulment in Colorado, this is the statute under which she would file.
    Quote Quoting Colorado Revised Statutes, Sec. 14-10-111. Declaration of invalidity
    (1) The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:

    (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances.

    (b) A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.

    (c) A party was under the age as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law.

    (d) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.

    (e) One or both parties entered into the marriage under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress.

    (f) One or both parties entered into the marriage as a jest or dare.

    (g) The marriage is prohibited by law, including the following:

    (I) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

    (II) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;

    (III) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures;

    (IV) A marriage which was void by the law of the place where such marriage was contracted.

    (2) A declaration of invalidity under subsection (1) of this section may be sought by any of the following persons and shall be commenced within the times specified, but in no event may a declaration of invalidity be sought after the death of either party to the marriage, except as provided in subsection (3) of this section:

    (a) For the reasons set forth in either subsection (1) (a), (1) (d), (1) (e), or (1) (f) of this section, by either party to the marriage who was aggrieved by the conditions or by the legal representative of the party who lacked capacity to consent no later than six months after the petitioner obtained knowledge of the described condition;

    (b) For the reason set forth in subsection (1) (b) of this section, by either party no later than one year after the petitioner obtained knowledge of the described condition;

    (c) For the reason set forth in subsection (1) (c) of this section, by the underage party, his parent, or his guardian, if such action for declaration of invalidity of marriage is commenced within twenty-four months of the date the marriage was entered into.

    (3) A declaration of invalidity, for the reason set forth in subsection (1) (g) of this section, may be sought by either party; by the legal spouse in case of bigamous, polygamous, or incestuous marriages; by the appropriate state official; or by a child of either party at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative, executor, or administrator of the estate or prior to six months after an estate is closed under section 15-12-1204, C.R.S.

    (4) Children born of a marriage declared invalid are legitimate.

    (5) Marriages declared invalid under this section shall be so declared as of the date of the marriage.

    (6) The provisions of this article relating to the property rights of spouses, maintenance, and support of and the allocation of parental responsibilities with respect to the children on dissolution of marriage are applicable to decrees of invalidity of marriage.

    (7) No decree shall be entered unless one of the parties has been domiciled in this state for thirty days next preceding the commencement of the proceeding or unless the marriage has been contracted in this state.

  8. #8
    Join Date
    Oct 2012
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    5

    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    Thanks for that. And no offence taken. It's not a case of immigration fraud. The intention for marriage and living together etc was a genuine intention.

    I already knew the statute under which to file for annulment.

    We didn't get married based upon the fact that she thought I had been in the Military. However the fact that I lied about my past is why she wants to annul the marriage. Are you suggesting that a judge would not see this as a valid reason for annulment?

    Also. Back to the original question. How would it work with me being in the UK and unable to attend court? I don't want to fight her on the annulment. I just want to know if its possible to do with me here.

  9. #9
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    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    I believe Mr KIA is correct: that is not a reason for annulment.

    Divorce is much easier anyway.

  10. #10
    Join Date
    Oct 2012
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    5

    Default Re: Marriage Annulment from a Non U.S. Citizen Who Live in the Uk

    Thanks for that.

    Is a Divorce very expensive?

    Does anyone know how it would work with me being in the UK?

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