What is the time frame in which to get an annulment?

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What is the time frame in which to get an annulment?

I got married in June last year; since August have been separated. There was domestic violence on his end hence the separation. There is a restraining order. I have been unable to file the paperwork do to work. I was wondering if I could still file for an annulment or if I had to file for a divorce? If so, how does it work if I do not know all of his information? I do not know where he is at as of now or what his social security number is. Can I still file without this information?

Asked on July 28, 2010 under Family Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

It really may be best for you to seek consultation with an attorney in your area.  Generally, an annulment is known as a declaration of invalidity of a marriage in Colorado and is a bit more difficult to obtain than a divorce since Colorado has what is known as a "no fault" divorce provision.  This avenue is typically more appealing to those that wish to avoid a divorce for religious reasons or to reinstate benefits lost upon remarriage.  The legal grounds for declaration of invalidity of a marriage are specific but one may be interpreted by the courts to lien in your favor for use.  You are correct that there are time limitations placed upon using these grounds in this way, some as soon as within 6 months of learning about the grounds.  And serving him with notice of you do not know where he is can be an issue.  The court must have "jurisdiction" over a party to be able to decide their fate. Seek legal help. Good luck.


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