ANNULMENT

Oct 27, 2018

Question #48: ANNULMENT I want to know if there is a residency requirement for New York for an annulment? I also was wondering what your costs are to handle an annulment, and how long they take and what I might need? Thank you

There is a residency requirement in New York, in order for the New York courts to have jurisdiction over your matter. Please refer to the Hot Topics section on my web site, Divorce Solutions.com, which discusses annulment for further details regarding the grounds for an annulment. If you are living in the New York City […]

Oct 27, 2018

Question #47: ANNULMENT I have been married since 4/26/06 and I caught my husband cheating on me on 5/4/06 and he continues. We had an apartment but now we took different directions. As of June 22, 2006 he left the apartment. I am moving to my own place as of July 1, 2006. I just want to know if I could get an annulment since this happen so soon in the marriage and what are the procedures.

You must fulfill the requirements for grounds for an annulment. Which include fraud in the inducement to marry, under age, or bigamy, etc. Please be aware that there are records in New York of annulments as there are records of divorces. If in fact, your husband has committed adultery that is grounds for you to […]

Oct 27, 2018

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 seperated, 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 really felt I would have never agreed 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 seperate 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 seperation may be somthing I would also consider. Pleas 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 some type of affidavit to the effect that your wife agreed to have children , and in fact , now says that was not true. If she will not contest the annulment, I believe […]

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 #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 #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 […]

Oct 27, 2018

Question #19: I’m married now for 5 months. Is it possible for me to get an annulment? If so what can I do if he refuses to sign the annulment papers? Also, is it possible for me to get the annulment without him knowing?

Please review some of the questions and answers on the homepage of my web site regarding annulment. You’ll have to prove some form of fraud or under -age or bigamy or meet the other grounds or criteria in order to get an annulment. Secondly, you will have to inform your spouse and you’ll have to […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #48: ANNULMENT I want to know if there is a residency requirement for New York for an annulment? I also was wondering what your costs are to handle an annulment, and how long they take and what I might need? Thank you

Question #19: I’m married now for 5 months. Is it possible for me to get an annulment? If so what can I do if he refuses to sign the annulment papers? Also, is it possible for me to get the annulment without him knowing?