LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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(212) 370-1660

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Question #45

I was hoping to find if I would be able to file for annulment under the grounds of fraud. My wife and I are currently legally separated; we both live here in the city. The reason being is that she has chosen her career and a different lifestyle over having children. The decision to have children and raise a family was discussed and agreed upon before marriage; now, all has changed. If I would have known, that is how she felt I would have never decided to get married or engaged for that matter. Either way, our marriage can longer go on. We have both agreed that our lives are better off going our separate ways. I am trying to find the quickest and painless way to get on with our lives. Annulment would be my first choice to have this erased, but getting divorced without waiting for the year separation may be something I would also consider. Please let me know my options, and I would be happy to set up an appointment. Thanks.  

From the information that you provided, you may have grounds for an annulment. You will need a third-party witness to provide an affidavit to the effect that your wife agreed to have children, and in fact, now says that was not true.

If she does not contest the annulment, I believe we will be able to get the annulment.

In any case, you could elect to file for divorce and not wait the year. Please contact me at 212-370-1660 to discuss the matter at greater length and to arrange for an appointment with you and your wife.

Leonard M. Weiner, Esq. /Divorce Solutions

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