Legal Question in Family Law in Colorado
Divorce
I am filing for a divorce, but wondering if I need to, if my marriage was even valid. The day we were married my husband was still married to his x-wife. The divorce had been filed but the decree was not signed by the judge until about a week after we were married. So, can I just annul the marriage, were we ever ''legally'' married? Thank you....
1 Answer from Attorneys
Re: Divorce
You are right that you may be able to annul the marriage but that is almost never done because it can be more difficult than a simple divorce. Your husband could ask the court to amend the judgment to be final on the day before your marriage. Its called in pro tunc, Essentially, there was an error made in that they didn't request the divorce be granted as of a specific date. An annulment may have some advantage for you if spousal support is an issue so you may want to discuss this further with your attorney at the initial meeting.
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