ANNULMENT

Oct 27, 2018

Question #81: My husband emailed his ex a month prior to us getting married and told her he still loves her. I found the email a couple of days ago. He denies writing it, but due to investigating on my own, I find it extremely hard to believe. Can I get an annulment, or do I have to file for divorce?

From the information you provided, it sounds like you will not have sufficient grounds for an annulment. You can file for divorce, but you will need to prove grounds for divorce as well. If you are living in the NYC metro area, please call me to arrange for a meeting to discuss mediating your divorce. […]

Oct 27, 2018

Question #74: ANNULMENT: My brother suffered 8 strokes in four days. His named “proxy” did not according to his wishes take him off of life support. 36 hours after the Doctor recommended discontinuing life support he started to breath somewhat on his own. His lungs were so damaged they then had to do a “trach” The Dr’s prognosis then became my brothers reality. Since Aug 25th he cannot speak, swallow, chew, or smile. He is blind in his right eye & almost totally blind in his left. He is fed through a tube in his side, has a foley cathater, his diapers changed like a baby. Those who cannot swallow have to be suctioned 24/7 because saliva & mucous build up quickly.His trach also has continuos oxygen. He was in the hospital from Aug 24th to Nov 22 & then went a skilled nursing facility where remains as I write this narrative. On Dec 6th this girlfriend took a JP to Deaconess nursing home & married my brother. 36 hours prior to this the attending physician gave an evaluation of my brothers condition. They felt that not only was he so physically compromised & would not improve, that he was also mentally compromised – they felt he was getting confused – he nodded “yes” when he really meant “no”. This meeting was attended by the “proxy”, my mother, brother, My ailing brothers dauther, her husband, the attending physician, nursing coordinater, & social worker. My brother also gets pain medication every four hours. My question is – due to his physical & mental condition & also the pain medication would that marriage be considered valid?. If it is valid can it be annulled?. This “proxy” is evil, has done nothing to benefit my brother & continues to subject him to what she wants. His suffering cannot be described & our family is devastaded. He never wanted to live like his father did after his stroked – our father had a great amount of quality in his last 4 1/2 years – my brother has none. Please help !

From the information that you provide, it sounds like you have an excellent chance to have this marriage annulled. It could very well be that the document was not prepared properly and the marriage was not legal in the first place. I would have to review the actual filing and check the county clerk’s office […]

Oct 27, 2018

Question #73: ANNULMENT -DIVORCE:Hi. Two years ago, I naively and stupidly married my roommate, here in NYC, so he could get immigration papers. A few weeks later, I moved out of the apartment and I haven’t spoken to him since. The “marriage” was never consummated. I presume he will not want the divorce, and fight it or hide, since as far as I understand, our marriage gives him some sort of legal status in the US. 1) I never went on any immigration interview or filled out any forms. Since I voluntarily entered the marriage with the intent of helping him obtain citizenship, am I liable for fraud? 2) Can I get an annulment? Can I get a divorce? What is the simplest and least expensive recourse? Thank you!!

If you intentionally entered into the marriage solely for the purpose of providing your roommate with immigration status in United States , you would be theoretically subject to a claim of fraud , but it would be hard for the prosecutor to prove that you had intent to defraud. In order to get an annulment […]

Oct 27, 2018

Question #72: Hi. Two years ago, I naively and stupidly married my roommate, here in NYC, so he could get immigration papers. A few weeks later, I moved out of the apartment and I haven’t spoken to him since. The “marriage” was never consummated. I presume he will not want the divorce, and fight it or hide, since as far as I understand, our marriage gives him some sort of legal status in the US. 1) I never went on any immigration interview or filled out any forms. Since I voluntarily entered the marriage with the intent of helping him obtain citizenship, am I liable for fraud? 2) Can I get an annulment? Can I get a divorce? What is the simplest and least expensive recourse? Thank you!!

Oct 27, 2018

Question #71: Hello, I was curious about how I should separate. I currently am in a lousy situation. I was married, in NY, at 18 without parental consent. I married a non-citizen, who earned citizenship through marriage. The marriage is not working out and I wanted to know the best way to end it. I would like to get an annulment, but can I? and also do I need a lawyer…since both of us decided to be civil and go through this peacefully ( we also have no property together or children, bank accounts, etc. ) Unfortunately I know this will jepordize his citizenship- is there anyway to make that not happen..since we are both students, and I dont want to see him get put in a situation where he needs to flee the country since we are not legally married anymore. Please help! I know nothing about this!

In order to get an annulment in New York the specific grounds are somewhat different from the grounds needed for a divorce. In any case, there are records of annulments in New York , just as there are records of divorce. What is important is that you be able to separate legally and get on […]

Oct 27, 2018

Question #67: ANNULMENT I got married on June 30, 2006 in nyc I recently left his mother’s apartment where we were living at due to a lack of communication after 3 months of being married, I tried to fix things between us, but it seems like he doesn’t want to work things out and last time I spoke to him he mentioned annulment since we’ve been married for that short period of time he said he was able to do it without me being there without me even knowing, is this true? You don’t need to be at least notified that you marriage has been annulled? Is there any way I can fight his decision? how do I find out if my marriage has been annulled? Thanks in advance for your help.

He is just trying to scare you. He cannot annul the marriage or divorce you without your being served with a Summons and Complaint. If he tries to do it without notifying you, you can have it reversed. He can sue you for an annulment but it is up to a judge to grant him […]

Oct 27, 2018

Question #65: ANNULMENT Question: I have been married for six months. Am I still in the legal time frame to get an annulment in New York State?

The time frame is not the determining factor. It is the “grounds” that must be proven to get an annulment. You will need to prove such grounds as underage, bigamy, fraud, etc. 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 […]

Oct 27, 2018

Question #60: ANNULMENT OR DIVORCE Hi, I am a British citizen and married a New York resident and US citizen in July. The marriage took place in New York and he was supposed to move to England with me so I can attend school. We both agree it was a mistake. Can I get the marriage annulled in New York or get divorced. I’m not that religious and we don’t really have assets or children. Would one be better than the other? Can I get the marriage annulled in England or do I have to come back to America. Is there a big difference between the two in this situation? Which one costs more? Thanks so much for the website. It’s so interesting and informative.

The place to file for divorce depends on where you or your spouse resides and for how long. If your spouse resides in NY for over 1 year, you can file in NY. In order to get an annulment you will need to satisfy the grounds for annulment such as fraud in the inducement to […]

Oct 27, 2018

Question #58: ANNULMENT Under what circumstances, if any, may I seek annulment in NYC if I am not a resident but my ceremony was performed there? I have married someone who appears to have done so only for immigration purposes. What kind of “proof” need I provide for this? I can hardly say that anything is “tangible”. Also, he is currently abroad, would this void his Visa and prevent him from re-entering the US. (I would hope so because I am no longer a resource for him). Would our wedding witness, who was a relative of his, be subject to any legal action, again, I hope so. Also, are there any circumstances under which an annulment may be granted on expedited basis. I fear further unscrupulous behavior from this man, and would feel safer knowing we are not legally bound ASAP.

You or your spouse must be a resident in New York State for a minimum of 1 year in order for New York to have jurisdiction in your matter. Citizenship is not required, but residency is. If you are living in the NYC metro area, please call me to arrange for an appointment to discuss […]

Oct 27, 2018

Question #53: ANNULMENT My wife and I got married on July 8’Th 2005. I was under psychiatric treatment at the time prior to during and still in treatment. I thought getting married would make are relationship better. I was wrong. All we do is argue, and for the last 5 months I have been supporting us on just my disability income. I have told her to go back to her previous employer that said they would take her back. This way she can help with the income and stuff. She refuses to go and we argue all the time. I thought her attitude would go away but it never did. Unfortunately we have never had sex because of the medication I am on. I know this bothers her as well, it just seems were not right for each other. Can we get an Annulment?

Yes. If you did not tell your wife that you would be unable to have sexual relations with her because of your medication, that should be grounds for an Annulment. If you are living in the NYC metro area, please call me to arrange for an appointment to discuss the matter at greater length. Leonard […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #65: ANNULMENT Question: I have been married for six months. Am I still in the legal time frame to get an annulment in New York State?