Legal Question in Family Law in New York

Annullment

My husband and married shortly after i was released from the mental helat unit, after a breakdown over my late fiance passing away. My late fiance passed away in June of 2004, I had my breakdown in Oct. 2004 and married this man i met on the internet that same month only knowing him from Sept. 2004. He was gone by mid December that same year.

I have a legal aid lawyer that says i cannot be divorced unless we find this man to serve. I orginaly asked for an annullment due to my mental condition at the time. But now over 2 years later, And i am after several dead ends unable to locate this man.

Is there a time limit on an anullment? If not am i able to apply for one in my state under the conditions i have stated? I have had no contact with my husband since December of 2004.

Thank You


Asked on 10/27/06, 10:08 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Annullment

"Service," of an Action for Divorce or Annulment, upon a person can be made by Publication in a Newspaper, if a Judge So Orders that Service is made that way. However, the Court must first be shown that a "Due Diligent Search" was made, for the Defendant Spouse.

Suggest that you submit documentation of your efforts to locate your spouse to your attorney and discuss what other or different information or efforts may be required to complete the "Due Diligent Search" for a Court Order for Publication.

Good luck,

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Answered on 10/30/06, 6:19 pm


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