Question #1

It sounds like you have been duped! If this is really so, and she has fraudulently misrepresented her feelings toward you and entered into the marriage based on such misrepresentations, you may sue for an annulment. Contact the clerk of the court having jurisdiction over your matter for details about filing for an annulment.

Good luck!

Leonard M. Weiner, Esq. / Divorce Solutions

Question #5

You have not indicated in which State you are presently residing. Therefore I cannot tell you with certainty what the residency requirements are, which you will need for your State to accept jurisdiction over this divorce matter. It will not be necessary to return to be the Philippines to get your divorce. But it will be much more difficult if you cannot locate your spouse and serve her with the divorce papers. You should consider doing a person search that may be able to locate her in the US. An annulment may be a possibility, but you will have to prove fraud to succeed, which proof may be difficult for you to provide.

I suggest that you proceed for a regular divorce based on abandonment and make every effort to locate your spouse.

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

Question #6

Different states have different criteria for determining when it will allow for annulment. In the State of New York, for instance, the duration of the marriage is irrelevant. The fundamental question around which an annulment will be granted is whether the parties were of age and mental capacity to understand the significance of act in entering into a marriage contract.

Sorry, it was a good try!

Leonard M. Weiner, Esq./Divorce Solutions

Question #7

Each State has its own statutory requirement for an annulment. For the New York state requirements, please refer to a previous question and answer which discussed the criteria.

Based on the information you presented, your marriage was legal, and would not qualify for an annulment under New York law.

Leonard M. Weiner, Esq./Divorce Solutions

Question #8

I assume from your question that there are no children and none expected. In cases of short term marriages, such as the one you describe, the courts will consider the fact that the parties have only then married for a few months and will allocate the marital property accordingly. There will probably be some allocation of money for spousal support in the event the wife is not presently working, but it will be temporary to provide her the necessary tools in the workplace to become self-supporting.

Annulment is granted only one specific grounds, as I have described in detail in an earlier question, and I suggest you read some of the earlier questions and answers regarding annulment. I do not believe that the situation you describe above would qualify for an annulment.

Leonard M. Weiner, Esq./Divorce Solutions

Question #9

This question was asked and answered in a previous question and can be found in the earlier Questions and Answers.

Leonard M. Weiner, Esq. Divorce Solutions

Question #10

Each state has different criteria. Please refer to an earlier answer which you will find in the Questions and Answers section of our web site for more details about New York annulment law.

Leonard M. Weiner, Esq./Divorce Solutions

Question #11

DRL Section 140 [ there is no Section 140(1)] deals with the annulment of marriages based on six specific grounds:
1) former husband or wife living,
2) party under age of consent;
3) party mentally disabled person or mentally ill;
4) physical incapacity;
5) consent by force, duress or fraud;
6) incurable mental illness for five years.

This is not the section one would refer to seek a divorce and equitable distribution.

To answer your questions, I need to know more specific facts about your case. Are you a resident of New York State? Were you living in New York before the separation? Do you have any minor children? Where does your spouse live presently?

New York State requires the equitable distribution of marital assets. This means that generally, all assets acquired during the marriage regardless of whose name the assets are held in are marital property and will be divided equally, or at least equitably, between the two parties. Do you own any property, including real estate, securities, bank accounts, etc. which would fall into this category?

You must respond to the Complaint received within the twenty days as directed. I strongly suggest that you call my office at 212-370-1660 to arrange to prepare an Answer to the Complaint.

I also strongly urge you to contact your spouse and try to convince her to mediate rather than litigate the issues involved in the separation and divorce.

Question #12

To appropriately respond to your question, I must have additional information such as which State will have jurisdiction over this case, what are the grounds upon which you are seeking an annulment, etc. Under the New York Domestic Relations Law, section 140, an action for a judgment declaring the nullity of a void marriage or annulling a voidable marriage may be based upon the following grounds, each one having its own time frame in which to commence the action.

1) former husband or wife living
2) party under the age of consent
3) party a mentally disabled person or mentally ill
4) physical incapacity
5) consent by force, duress, or fraud
6) incurable mental illness for five years

Question #15

The inability to have an erection is not, in and of itself, grounds for an annulment. To get an annulment, you’ll have to prove some form of fraud and prove that you discussed having children with your spouse before the marriage, and he assured you that he was capable of having children and had no sexual dysfunction. This, of course, is not an easy task to prove.

As a more viable alternative, I strongly suggest that you discuss your unhappiness and desire for divorce with your spouse. Tell him how serious you are about the situation and that if he does not seek medical and psychological help, you are going to divorce him. If you have already made such an attempt and feel it is useless, I strongly suggest that you contact me at 212-370-1660 to discuss mediating a divorce between both of you.

Leonard M. Weiner, Esq./Divorce Solutions