Question #101: Hello, My husband and I are looking to get a divorce, but I was wondering if we could get an annulment since we never consummated our marriage. We have been married for just over a year. It would be in the state of New York.

The requirements for an Annulment are more stringent than for a divorce.
NY keeps records of annulments just as it keeps records of divorces.

If you are living in the NYC metro area, pls call me at 212-370-1660 to arrange for a meeting to discuss
Mediating your annulment or divorce.
Call me. I can help.

Leonard Weiner, Esq./Divorce Solutions

Question #96: Hello, and thank you for this opportunity. My wife and I are New York residents, we were married 3 months ago during our courtship we rarely were intimate due to religious convictions, I asked my fiance at that time on a number of occasions, in a number of ways if she had an issue with being intimate, she assured me that she only had reservations because we were not yet married, and that once we were married that she would be willing to be intimate. Well as I have stated we have been married 3 months and I have determined that this was untrue, because she refuses to be intimate. I have also discovered that she as well as her family have a documented history of mental illness, (paranoid schizophrenia) she refuses to accept the fact that she has mental issues even-though they have been documented, and she has been admitted to emergency psychiatric care on two separate occasions, she refuses to take the medication she was prescribed, and I wonder if this situation is grounds for annulment in New York state?

If the information you provided is accurate and there are people who can testify that
Your wife does in fact have mental problems that can be documented, I believe you would have grounds for an annulment in NY.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length.

Leonard Weiner, Esq./Divorce Solutions

Question #94: My husband and I have been married for 8 months ago in the state of NY. He wanted a child and I agreed even though I’m in my 40’s. We have not been able to consummate the marriage. On our honeymoon I realized he had a problem and asked how long has this been a problem for him and he said a week and a half before our wedding date. We went to the doctor the next week and he was given medication and he still has not able to perform. I believe now that he lied about the week and a half. He is very inexperienced and I suspected that he was a virgin, never thought that he was inexperience because he had a problem. We have been separated for 7 weeks because he has become very mean and cold, besides lots of other issues. I want to file for an annulment, I feel I qualify under the Domestic Relations Law “Incapable of entering into married state from physical cause DRL 7(3) pursuant 140(d)” I don’t think he will contest but if he does how can I prove that he had this problem before our marriage. I want this to be quick and easy as possible for both of us.

DRL 140:
(d) Physical incapacity.
An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state may be maintained by the injured party against the party whose incapacity is alleged; …. Such an action can be maintained only where an incapacity continues and is incurable, and must be commenced before five years have expired since the marriage.

The level of proof necessary for an Annulment is greater than for a divorce. You will need to prove the problem is incurable ( very difficult to prove) and corroborate the claim with
Some outside testimony such as a doctor or other person who would know of this problem.
Since you do not have any children and the marriage is of such short duration, perhaps you should consider
A Divorce instead of an Annulment. You could use the “no fault “ grounds recently enacted and save you and your spouse much
Time and embarrassment. Remember, there are records of Annulments in NY State just as there are records of Divorces.

Leonard M. Weiner, Esq./ Divorce Solutions

Question #92: Hi I hope you can help me. I fell in love with a girl on line through a friend of mine I live in The Netherlands and she lived in NY. We had an internet romance & I was truly smitten. I am a 58 year old Widower from the UK and thought I had finally met my “Soul Mate”. I went to NY for a weekend to physically meet her. She said she loved me and wanted to make a life with me in Holland. On December 26 I flew to NY and bought her ticket to return here with me. While in NY we married at the Town Hall. After coming here she decided she didn’t “like” me anymore and wanted to reunite with her ex-partner. Her ticket had already been paid for in my original packet on December 26. On January 28 not even a month after we married she returned to NY. I never heard from her again. I am collecting Widow Benefits from the UK and was about to report my marriage to them thus loosing these benefits when she left me. I have 2 teenage sons and find it impossible to take care of them if I lose my benefits AND a wife at the same time. Can you please help me? An annulment is the only way I won’t lose out financially. Thanking you in advance.

In NY, in order to get an annulment you must have specific grounds and be able to provide testimony from a witness to substantiate your claim.
Fraud is one of the acceptable grounds but you will have to substantiate that even before you got married she never really intended to remain married and had some ulterior
motive for going through the ceremony or she lied about wanting to have children when she really did not, etc.
Perhaps you can file for an annulment in Holland where the requirements may be easier to meet.
If not , you can file for divorce in NY.
Do not leave the matter go on without resolution. Take care of it now properly with an experienced matrimonial attorney so you can get on with your life.
Without having it come back to haunt you later.

Leonard Weiner, Esq./Divorce Solutions

Question #89: I wanted to ask a question. I currently reside in PA. I was visiting Texas in May of this year, and got married. He currently lives there. The original plan was for me to move over there, and us start a life together. Well after we got married I found out that he is awaiting to go to court for 2 counts of assault, and also that he has Hepatitis. Would I be able to get an annualment, and if so can I file in the state of PA even though we got married in TX? Is there a certain timeframe that I have to file? I would prefer to get an annualment versus a divorce. Any advice would be appreciated.

If you are living in the State of Pennsylvania and meet the PA jurisdictional requirements (e. g. usually, you must live in the State for a year or so), you can file in PA.
Whether you can get an annulment or not will depend on the specific requirements for annulment in Pennsylvania. Each state is different.

Leonard M. Weiner, Esq./ Divorce Solutions

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.

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

Question #86: I was married in 2005 and this was based on fraud. Everything about the relationship was a lie and I quickly looked for legal advice. I was recommended to a lawyer who advised me that the divorce is through the state and the annulment would have to be done through the church. I thought I was to file for an annulment instead of a divorce so that I can move on as if the marriage never existed…in which a marriage really never did exist. Now I come to find that another friend had gotten an annulment through the state. Is there a way I can change my status? I would rather consider the marriage null and void than have a divorce on my record. What can I do? Thanks.

Do not waste your time and money! Be glad you got the divorce and move on with your life.
New York State keeps records of Annulments like it keeps records of Divorces so there is little practical difference between an annulment or a divorce in cases where there are no children and no spousal support issues.

Leonard Weiner, Esq./Divorce Solutions

Question #85: ANNULMENT: I was married Nov 6th 2006 ..my husband and I separated Jan 2007… he got a lawyer who said we can file annulment because no one was asking for anything… and started the paperwork…my husband filed “fraud” because he wanted children and I didn’t..in Jan 2008 my husband was to appear in court to show proof of fraud. apparently there was an affidavit his lawyer had me sign that was worded incorrectly. the annulment was denied… My husband is now trying to get his lawyer to refile but his lawyer is refusing without additional money… his lawyer said it’s easier to file divorce because we have been separated for a year… if I go to my own lawyer can I still fie annulment even though it’s been a year and a half since we were married… thank you…

Question #84: ANNULMENT: I HAD BEEN MARRIED TO A MAN FROM IVORY COAST AFRICA. DURING OUR IMMIGRATION INTERVIEW IT WAS TOLD TO ME THAT HE WAS MARRIED IN HIS COUNTRY. MY HUSBAND DENIED THE MARRIAGE AND SIGNED I BELIEVE TO BE A FFIDAVIT STATING HE HAD NEVER BEEN MARRIED IN HIS COUNTRY. SEVERAL WEEKS WENT BY AND A RESPONSE WAS GIVEN BY IMMIGRATION STATING THAT HE IS MARRIED IN HIS COUNTRY. CAN I GET AN ANNULLMENT OR A DIVORCE SINCE WE ONLY BEEN MARRIED FOR 8 MONTHS OR BEING THAT HIS MARRIAGE TO ME IS VOIDED MUST I STILL GO THROUGH THE PROCEEDINGS?

If you can prove that your spouse was married already at the time he married you, you have grounds for an annulment.
You must file for an Annulment -it is not just voided.
If you are located in the NYC metro area, please call me to arrange for a meeting to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #83: Hi. I’m a portuguese citizen and my husband is an American citizen. we have gotten married for a year and 3 months but he had disappeared months ago. I tried and could not find him, my mom told me this should count as automatic annulment because we have never lived together (I was still in college with we wedded). What should I do?

There is no such thing as “an automatic Annulment”! To get an annulment you need to prove
fraud, underage, bigamy etc. From what you briefly indicated, you will have to file for divorce,
not annulment and in either case you will have to locate your spouse to serve him with the Summons and Complaint.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to
discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions