More specifically, does my marriage qualify for an annulment under the following ground-
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.
My wife became very frigid after we wed. Sexual relations decreased from once every other day to once every couple weeks. Emotional and physical affection went out the window. I do not believe she committed a fraudulent act (intentionally). Is there such a thing as unintentional fraud? Can it be grounds for an annulment?
I have been married approximately eight months.
Thank you for your time.
Family Law Attorney
Important disclaimer: I am licensed to practice law in Oregon, not Colorado, and so can't give advice on Colorado law. That means that this must be just a discussion of general legal principles. You should consult with an attorney in your area if you mean to take legal action. That said:
No, a person's emotional behavior changing after marriage is not any kind of fraud. It's just unfortunate. This does not sound like a basis for annulment under any marriage law I've ever heard of. Annulment is for marriages that were never legal in the first place - because one spouse was already married, things like that.
So I'd say you can't get an annulment, but you can still get a divorce. The result is the same. You should talk to an attorney in your area about this. With a short marriage, it should be relatively simple.
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No, there is no such thing as unintentional fraud. Fraud requires a knowing act.
In general, divorce is simpler than annulment since you don't have to prove grounds. The same issues that arise in a divorce have to be addressed in an annulment. However, if it is important for some reason to have the marriage annulled rather than dissolved and your wife agrees with you, it may be possible to obtain an annulment under other grounds. It is unlikely to be possible over her objection.
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.