Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

ANNULMENT, SEPARATION, & DIVORCE

Question #88:
Hello, I've been doing some research online on divorce vs. annulment in the state of NY, trying to decide which option would be better to pursue in my situation. I've been married to my husband for about 2 years, and want to start a family and start having kids. It seemed that my husband was always on the same page with me regarding this issue, and assured me numerous times that he wants to have kids, but now that the time has come, he started out by saying that he's not so sure anymore, maybe not yet, and some time ago has told me that he decided he doesn't want to have kids at all for a number of reasons. We have talked about it extensively, but he's made up his mind and does not want to have kids, which lead me to decide to leave him, therefore get a divorce or annulment of the marriage. We have been legally separated for six months now. Researching the annulment option and the reasons for it, I understand that based on my situation, I would be able to get an annulment on the grounds of fraud, meaning his fraudulent declarations of wanting to have children before marriage, and now backing out of it. To me it doesn't really matter that much if I get an annulment or divorce, that he's agreed to as well, but in some way I feel that the marriage should've never happened because of the whole situation, therefore I'm looking at annulment. This issue is quite difficult for me in many ways, and I would like to deal with it and get it out of my life as soon as possible, without any involvement of other parties, such as parents or friends as witnesses. My questions are the following: 1 Which process is likely to take more time, based on annulment on the grounds of fraud, from the date of filing the documents for either divorce or annulment? 2 - Which option will be more expensive in terms of overall cost? 3 - Will I need to involve third parties as witnesses or anything similar to that, as in getting witness statements, affidavits, court appearances etc. from anyone else than myself and my husband? Again, my husband and I, have both agreed to a mutual divorce or annulment based on fraud, and any other issues related to finances and such have already been settled. It's just a matter of legally ending our marital status. We are both interested in getting this done as quickly and as cost efficiently as possible, and without any involvement of third parties. Thank you in advance for your time and any advice you might help me out with.

Answer:


There is no question in my mind that seeking an annulment under the facts that you have presented will be much more difficult than seeking a divorce.
Proving that your spouse knew at the time of the marriage that he did not want to have children and fraudulently kept that information from you
and intentionally misled you, will be difficult to establish.
If you decide to seek an annulment you will require at least one affidavit of a third party to substantiate the claims being made.

Divorce also requires grounds in New York and you .
However, if you and your husband are on the same page with regard to getting divorce, we can solve that problem.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting for the three of us
to discuss the matter at greater length.

Leonard M. Weiner, Esq./ Divorce Solutions
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