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
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
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
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
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
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
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
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
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