ANNULMENT, SEPARATION, & DIVORCE

Oct 27, 2018

Question #41: I live in New York and I’ve been married now for exactly 7 months. Before marring my husband I was pregnant. While married I had a miss carriage. And our relationship just didn’t go right. I stopped having sex with him and he just stopped wanting to be with me. Now he wants a divorce. Can you please advise me if I can possibly qualify for a annulment.

To get an annulment you must prove specific grounds such as, fraud, underage, still married to previous spouse, etc. If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter in greater length. Leonard M. Weiner, Esq./Divorce Solutions

Oct 27, 2018

Question #40: Hello. I have been married for just under 4 years. I reside in Monroe County, NY. My husband is attending college in Japan. I have asked him to come home, but he has refused. We haven’t lived together since mid-January. Would I be able to sight abandonment for an annulment or would I have to get a divorce?

Abandonment is not grounds for an annulment. It is one of the grounds for divorce, but it must be nonconsensual and in this case he left the house to attend college in Japan, most likely with your consent. In any event, it requires that the abandonment be for more than one year, and in your […]

Oct 27, 2018

Question #39: Please let me know if I can file for an annulment. I believe my case falls under the categories of fraud, duress, and the marriage never being consummated. I got married almost two months ago in Hawaii. My husband resides over there. He resided in New York until he moved to Hawaii at the end of 2002. He is in this country illegally (he overstayed his visa). I reside in New York, and am a U.S. citizen. When we decided to get married, it was because we were in love, and always discussed that I would go back to Hawaii to be with him right away. When I got there I had second thoughts, but he kept pushing me to get married. Reluctantly I got married, and ever since then his attitude has changed completely. My mother came with me to Hawaii, and the very next day, we had an argument, because he needed me to help him sign a lease for an apartment for him, and we arrived a little late to see the owner of the apartment. He said it was my fault we were late, and that I didn’t care about him and his situation, and that I never cared. During the argument, he told my mom he had to force me to marry him, and he felt like he was taking me to an execution, not our marriage. My husband and I never consummated the marriage or the relationship. Because we are both Catholic, we always said that we would consummate the marriage after we were married by the church. The problem is that before we got married, he told me he would file for a work permit, using our marriage certificate, and I would come back to him right away. He has not done that. Now, he tells me the only reason we got married was to help him with his immigration situation. This is something we never discussed, and I never told him I would marry him only to help him with that. I never knew of the severe problems involved with him and immigration laws. He always led me to believe that I would never have to get too involved with the immigration situation, (i.e., he could file for whatever papers he needed by himself, and that maybe I would be interviewed by an immigration lawyer after about a year). I believed him since a few of his friends are immigrants and one of them is an immigration lawyer. He has been very aggressive and hurtful with his words since we got married and only talks about how he needs me to be there to help him, and that he cannot do anything about his legal status unless I am there, because immigration would get suspicious of us since we live apart. These are things he never told me prior to us getting married. He constantly tells me that I never wanted to help him with anything. I helped him get insurance for a car he purchased so he could get to work, and when I called the insurance to find out about the policy, they informed me there was something wrong with his payment, and they never received it. Also, they had a wrong address for him on file. When I told him about it, he again was aggressive and attacking with his words and told me that I don’t care to help him and only cared about my credit. He again repeated that I need to be there with him, because without my being there, he cannot proceed with fixing his legal status. Before we got married, he always told me he would never want to put me in an uncomfortable situation regarding his legal status because he loved me too much and respected me too much to put me through any of it. Now he tells me he doesn’t want to seek any legal help unless I am there, because he won’t be able to do anything. I honestly believed that we got married because we loved each other. We have known each other for a few years, and when he moved to Hawaii, he said he had moved to paradise and that things could be very nice for us, and life could be easier, since things have not been so great in New York since 9/11. Now, all he keeps telling me is that we only got married so he can fix his immigration situation, and that I never really cared about him, or ever wanted to help.

You do not indicate how long you are married. From the information that you provided, the level of duress necessary does not seem to be present in your case. However, if you can support your allegations that you were deceived into believing that immigration was not a factor in his decision to marry you and […]

Oct 27, 2018

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 […]

Oct 27, 2018

Question #37: I have my separation papers…they’ve been signed and notarized. Where am I suppose to send them?…I live in Manhattan. Thank you.

Did you have an attorney prepare these “Separation Papers” you refer to? If you are referring to a Separation Agreement, it is essential that the Agreement be prepared by an experienced attorney in your jurisdiction who knows what exactly must be covered. You also should have legal counsel review the document to be sure all […]

Oct 27, 2018

Question #36: We were married in Los Angeles, CA in late December of 2003. We are considering a separation but have several questions. We are expecting a baby in late June. I currently live part-time in CT and part-time in NYC and my husband lives full time in our NYC apt (rental). I am currently applying for jobs in NYC and Los Angeles. My husband has suggested an apartment share in NYC, so that we can raise the baby together at first. I am not completely opposed to this. My questions are as follows: 1. Can we be legally separated if we share an apartment and plan to continue cohabitating? 2. Can we discuss custodial rights in the separation agreement, in the case that I do decide to move to CA, where my family is? (My husband says he will agree to my living in LA if that is where my career takes me.) 3. My husband’s father recently added his name to a bank account to be used at our discretion (to help raise the baby). If we separate, can any of this money be allocated to our child? Can we make provisions for college funding, etc? 4. Because my husband had a poor credit history (he is from Greece and only started building his credit recently), the majority of our charges are to my account (not a joint account). Can we treat any debt, current and future, as if this is a joint account? 5. We have decided to try marital counseling. If we decided to reconcile, what steps are necessary to null the separation agreement? Can we make a post-nuptial agreement at the same time as the separation agreement, or is that redundant. If we reconcile, can we “transform” the separation agreement information into a post-nuptial agreement? How useful are post-nuptial forms? 6. We have adopted two dogs, and they are in my name. Can this be discussed in the separation agreement as well? 7. My husband and I each have assets previous to our marriage. Do we need to discuss any of these in a separation agreement?

From the nature of your questions it appears that a Post -Nuptial Agreement is what you are seeking rather than a Separation Agreement. If you intend to continue to live together as husband and wife then a Separation Agreement is inappropriate. All the other matters that you mentioned can be addressed in the Post- Nuptial […]

Oct 27, 2018

Question #35: I read on your website that a legal separation “provide[s] for separate living quarters, if they so desire”. I have read cases where the judge find separation agreement invalid because the spouses are still living together. Your statement “if they so desire” means to me that the husband and wife can still live together even though they are legally separated. What are your grounds for saying this? In the same paragraph you say that in the separation agreement, you can disinherit the spouse. Would this be found invalid as well because the husband and wife are still living together?

Separate living quarters refers to living in the same house, with perhaps one living in the upstairs apartment and one living in the downstairs apartment. That is permitted even after “Separation”. When the court says that “living together” invalidates the separation, the court is most likely using the term to refer to “having sexual relations” […]

Oct 27, 2018

Question #34: Hi there, I was wondering if there is an easier version of the annulment process available. My situation: I have been married to my husband for 19 months, since May 1, 2002. He has recently informed me that he resents me because I pressured him to marry me. He specifically wants the marriage annulled, and perhaps it is best to comply with his wishes. What I want to know is: does it become an easier process when both parties agree. Is it possible to avoid a court hearing or proving grounds. I am perfectly willing to give him what he wants. And what he wants is his freedom. We have no real estate or children, so we are hoping that it doesn’t have to be burdensome. If possible can you give an idea of how much it would cost and outline the necessary steps. If an in person consultation is necessary please include your terms and conditions of service. Please respond as soon as possible as we would like to complete the process before the new year becomes old. Thanks in advance for the information.

Hi, If you are located in the NYC metro area, please call me at 212-370-1660 to discuss the matter. You will probably not be able to get an annulment because you lack the necessary grounds ( i.e. fraud, underage. bigamy etc.) but I can help you get a divorce relatively quickly. My fee is $300 […]

Oct 27, 2018

Question #33: I live in NY. I am a 46 year old male and have been married 12 years to my wife. We have no children and own a home. We have dated since we were teenagers and then got married. We have come to an impasse in our live because we are both different people. This is understood and we both have agreed to this. We have already discussed the assets and we want to remain friends after the divorce. We are amicable. My question is there any other way to get divorced without filing for a separation agreement and living apart from each other for a year. And also disregarding the 5 other causes and reasons for grounds for divorce in the State of NY. Thank You

If you are both in agreement regarding the need to divorce, it is possible to get a divorce without having to wait a full year. New York State, however, requires grounds and therefore you will have to select the most benign grounds upon which to file for divorce. If you are located in the New […]

Oct 27, 2018

Question #32: I married my wife after a short courtship. She moved in with me after knowing each other for just a few weeks. We lived together for 2 months and then got married because she was pregnant. Now that we have been married for 3 months I have realized that I cannot live with this woman. She is 5 months pregnant. She is not from this country and wants to return to her home country. Can I get an annulment?

From the information that you provided it does not seem to do have grounds for an annulment. You can, however , file for divorce which is basically the same thing, since both annulment and divorce are recorded in the county recorder’s office. You should do this as soon as possible if you really believe that […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #37: I have my separation papers…they’ve been signed and notarized. Where am I suppose to send them?…I live in Manhattan. Thank you.