You do not indicate where the parties are presently living and for how long. For New York to have jurisdiction over this matter, one of the parties must be currently living in New York for a continuous period of over one year. Based on the information you provided, it does not seem that the parties qualify for an annulment at all. However, they can make a motion for divorce and should do so as soon as possible to be able to remarry and to get on with their lives. If both parties are interested in proceeding with the divorce, the reasons for their first marriage will not be of concern to anyone, including the court.
If they are located in the New York City metropolitan area, I strongly suggest that they call me at 212-370-1660 to discuss the matter in greater length and to help with the divorce.
Leonard M. Weiner, Esq./Divorce Solutions