ANNULMENT

Oct 27, 2018

Question #17: I have been married for 18 months, I recently found out that my wife had a relationship prior to our marriage and has been in constant touch with him after marriage. she misrepresented herself to me as if she was simple, honest person who had no previous relationships. I would have never married her if she would have told me the truth prior to our marriage. Can I file for annulment based on fraudulent misrepresentation.

I do not believe that such a misrepresentation would be sufficient to qualify for fraud under the annulment statute. You can, however, sue for divorce which is basically the same process as annulment. If you’re located in the New York City metropolitan area, please give me a call at 212-370-1660 to discuss the matter at […]

Oct 27, 2018

Question #15: I have been married now for about 3 years and I have had a problem with my husband in that we have not been able to have sex in the past years. I understand that this is a case for annulment, since he is not capable of getting an erection, however, I am not 100% sure if it is grounds for annulment. Untill now I felt bad for not wanting to stay married to him but I have reached my limits in understanding since he is not even trying to improve the situation…what do I do and how do I go about this situation?

The inability to have an erection is not, in and of itself , grounds for an annulment. In order to get an annulment, you’ll have to prove some form of fraud, and prove that you discussed having children with your spouse before the marriage and he assured you that he was capable of having children […]

Oct 27, 2018

Question #12: What is the time frame to have an annulment?

In order to properly respond to your question I must have additional information such as which State will have jurisdiction over this case, what are the grounds upon which you are seeking annulment, etc.Under the New York Domestic Relations Law, section 140, an action for judgment declaring nullity of a void marriage or annulling a […]

Oct 27, 2018

Question #11: My wife abandoned me two years ago (after 8 years of marriage). On 8/9/95 she calls me at work saying she wants to take off for a month in Florida to think but she wants a divorce and we’ll talk when she returns. After a month I tried to get in contact with her through her family but she wouldn’t return any of my messages. (I later found out that she was really in Puerto Rico with a male companion) I haven’t heard from her since until 10/8/97 when someone knocked on my door at 10:30pm to give me a Summons (with Notice). It seems that the summons is an action for divorce on the grounds: DRL140 (1)?? She seeks an equitable distribution of marital property ?? What does DRL140 (1) mean???? and do you have any advice?? I never went through anything like this. And I’m desperate. I have twenty days to reply to the summons, Please e-mail me as soon as you can.

DRL Section 140 [ there is no Section 140(1)] deals with the annulment of marriages based on six specific grounds: 1) former husband or wife living, 2) party under age of consent; 3) party mentally retarded person or mentally ill; 4) physical incapacity; 5) consent by force, duress or fraud; 6) incurable mental illness for […]

Oct 27, 2018

Question #10: What are the guidelines for annulment?

Each state has different criteria. Please refer to an earlier answer which you will find in the Questions and Answers section of our web site for more details about New York annulment law. Leonard M. Weiner, Esq./Divorce Solutions

Oct 27, 2018

Question #9: What grounds can you get an annulment on?

This question was asked and answered in a previous question and can be found in the earlier Questions and Answers. Leonard M. Weiner, Esq. Divorce Solutions

Oct 27, 2018

Question #8: My friend has been married 10 months. He has decided after trying marriage counseling that he doesn’t want to continue in this marriage. The problem is, he owns his own business and doesn’t want to lose it to his wife… He has asked his wife to leave and she will not… These problems have been going on since the first day of the marriage. Does he have any recourse? What are the criteria for annulment? Thanks

I assume from your question that there are no children and none expected. In cases of short term marriages, such as the one you describe, the courts will consider the fact that the parties have only then married for a few months and will allocate the marital property accordingly. There will probably be some allocation […]

Oct 27, 2018

Question #7: At a young age I had gotten married in Las Vegas but never really lived with her. It was one of those things you may say that you do at a young age and think that instead of going steady being married was sweeter. Anyways, like I stated we were never really living together like a normal husband and wife more like a boyfriend/girlfriend thing. We had eloped and never told anyone thinking that in a few years will get married anyway. Within 5 months of the marriage the relationship ended and within a couple of months I had filed for a dissolution of marriage. My question is there anyway I can get this marriage annulled even if I had filed for a divorce already? I know that after a year if no one had filed to contest this dissolution of marriage that the divorce is in effect. Six years have passed from the time of the divorce but since the marriage was not really a marriage is there someway to have the marriage and the divorce annulled from my records? Thanks.

Each state has its own statutory requirement for an annulment; with regard to the New York state requirements, please refer to a previous question and answer which discussed the criteria. Based on the information you presented, your marriage was a legal marriage, and would not qualify for an annulment under New York law. Leonard M. […]

Oct 27, 2018

Question #6: I heard friends of mine saying that it may be possible to have a marriage annulled if the marriage lasted less than 1 year. I don’t think it is true, but it is worth it to try. I couldn’t find anything about this so far. Well, is it true? THANK YOU!

Different states have different criteria for determining when it will allow for annulment. In the state of New York, for instance, the duration of the marriage is irrelevant. The basic question around which an annulment will be granted is whether the parties were of age and mental capacity to understand the significance of act in […]

Oct 27, 2018

Question #5: Please Help: I’m a 39 year old American male who married a Filipino woman in the Philippines in June of 1997. After the marriage I went back to the U.S. and my wife stayed in the Philippines while the immigration paper work was processed. Everything seemed to be going great until the final step of the immigration process when my wife applied for her U.S. Passport in June of 1998. Since I sent her the money for the passport and Visa (approx. $600) I haven’t heard from her and when I call her family’s house they act as if they never heard of her (or me for that matter). I’m afraid what has happened is that once my wife got her U.S. passport she dumped me, somehow entered the U.S. and is doing God knows what. So my question is how can I get this marriage annulled? Do I have to go back to the Philippines, or can I do it in the U.S.? Any help would be greatly appreciated.

You have not indicated which state you are presently residing in and therefore I cannot tell you with certainty what the residency requirements are which you will need in order for your state to accept jurisdiction over this divorce matter. It will not be necessary to return to be Philippines to get your divorce. But […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #12: What is the time frame to have an annulment?

Question #10: What are the guidelines for annulment?

Question #9: What grounds can you get an annulment on?

Question #6: I heard friends of mine saying that it may be possible to have a marriage annulled if the marriage lasted less than 1 year. I don’t think it is true, but it is worth it to try. I couldn’t find anything about this so far. Well, is it true? THANK YOU!