Hello, I was married in Jefferson County via proxy July 25, 2012. At the time of the proxy I was working/residing in Abu Dhabi, UAE, as well as my spouse. My spouse is Egyptian and cannot enter the US. After marriage my spouse says that he doesn't want to have children when he said he did before the marriage. I relied on his agreement to have children before marrying. As well my spouse was physically abusive on March 30, 2013 and that is the date we separated. I am moving back to the states mid April 2013 and will reside in Texas. My husband will still be residing/working in Abu Dhabi, UAE. I know that since I was married in Colorado I can file there. However I am concerned about the service requirements as my spouse resides in the UAE. Please advise if an annulment is available to me?
You can assert grounds for declaration of invalidity of marriage (annulment). In your case, the argument would be fraud that goes to the heart of the marriage. The argument would be that your spouse's promise to have children was central to the marriage. You will have to have your spouse served (in person or by publication) and you will generally have to have a hearing to establish your grounds for invalidity. You may want to retain an experienced family law attorney to assist you.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.