Q&A

Hi. Two years ago, I naively and stupidly married my roommate here in NYC so that 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!!

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Hi. Two years ago, I naively and stupidly married my roommate here in NYC so that 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!!

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My brother suffered eight strokes in four days. His named “proxy” did not, according to his wishes, take him off of life support. Thirty-six hours after the doctor recommended discontinuing life support, he started to breathe somewhat on his own. His lungs were so damaged they then had to do a “trach” The Dr’s prognosis later became my brother’s reality. Since August 25, 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 catheter; 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 continuous oxygen. He was in the hospital from August 24 to November 22 & then went to a skilled nursing facility where remains as I write this narrative. On December 6, this girlfriend took a JP to Deaconess nursing home & married my brother. 36 hours before this, the attending physician gave an evaluation of my brother’s condition. They felt that not only was he so physically compromised & would not improve, that he was also mentally compromised – they thought he was getting confused – he nodded “yes” when he meant “no.” The “proxy attended this meeting”, my mother, brother, My ailing brother’s daughter, her husband, the attending physician, nursing coordinator, & social worker. My brother also gets pain medication every four hours. My question is – due to his physical & mental condition & his taking strong 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 devastated. He never wanted to live as his father did after his stroked – our father had an enormous amount of quality in his last 4 1/2 years – my brother has none. Please help!

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My husband emailed his ex a month before 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?

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Hi. I’m a Portuguese citizen, and my husband is an American citizen. We have gotten married for a year and three 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? 

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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 affidavit 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 annulment or a divorce since we only been married for eight months, or is that his marriage to me is voided. Must I still go through the proceedings?

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ANNULMENT: I was married on November 6, 2006 ..my husband and I separated Jan 2007… he got a lawyer who said we could file for an 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. 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 a divorce because we have been separated for a year. If I go to my lawyer, can I still fie annulment even though it’s been a year and a half since we were married.

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 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, 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 instead consider the marriage null and void than have a divorce on my record. What can I do? Thanks.

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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 two 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. Still, now that the time has come, he started 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 several 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 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 offer.

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

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