Question #38: I have a few questions with regards to annulment. Someone has been married for approx. 4 years. Initially, they were very hesitant to get married and were pressured by family members. Although the married couple were friends, one person got married so that they other could reside in the United States. However, after the marriage which was never consummated, the couple have not lived together, one moved to another country and have had limited contact. Now wanting to get remarried but wondering if they can get an annulment in NYC. What would be the procedure? Are there any legal repercussion for the person who got married under false pretenses?

You do not indicate where the parties are presently living and for how long. In order for New York to have jurisdiction over this matter one of the parties must be presently 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 a divorce and should do so as soon as possible in order 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 original 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