DRL 140: (d) Physical incapacity. An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state may be maintained by the injured party against the party whose incapacity is alleged; …. Such an action can be maintained only where an incapacity continues and […]
DRL 140:
(d) Physical incapacity.
An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state may be maintained by the injured party against the party whose incapacity is alleged; …. Such an action can be maintained only where an incapacity continues and is incurable, and must be commenced before five years have expired since the marriage.
The level of proof necessary for an Annulment is greater than for a divorce. You will need to prove the problem is incurable ( very difficult to prove) and corroborate the claim with
Some outside testimony such as a doctor or other person who would know of this problem.
Since you do not have any children and the marriage is of such short duration, perhaps you should consider
A Divorce instead of an Annulment. You could use the “no fault “ grounds recently enacted and save you and your spouse much
Time and embarrassment. Remember, there are records of Annulments in NY State just as there are records of Divorces.
Leonard M. Weiner, Esq./ Divorce Solutions