Can I obtain an annulment if my wife was previously diagnosed bipolar and did not disclose until recently?

Married a little over 2 years ago. A diagnosis of bipolar, once during college several years ago, and another 2 years ago, which were not disclosed to me by my wife. During marriage counseling 2 months ago, it was revealed she had received this diagnosis. She is seeking a divorce but I believe that due to her undisclosed “psychiatric condition” and her desire to not seek treatment, we would qualify for an annulment. Also, “One spouse married because of the other’s fraudulent act or misrepresentation which went “to the essence of the marriage”? Does it fit C.R.S. 14-10-111? Should I divorce instead?

Asked on July 26, 2010 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Really only an attorney in your area can help you decide what is the best course of action in splitting with your spouse.  Generally, it is easier to obtain a divorce than it is to obtain an annulment. The grounds are easier to prove.  And obtaining a divorce from the state does not preclude you from seeking an annulment of the marriage for religious reasons.  I would suggest that you seek legal counsel in your area.  If your wife has already filed for divorce the matter is proceeding.   You do not need to start an action yourself.  You should just make sure that you are indeed protected by having an attorney in your corner.  Good luck.

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