Legal Question in Family Law in New York
I dont know if I need an annulment or a divorce. We've been married 7mo., together for 12yrs. I read about annulments (which was my 1st instinct), & found it's like the marriage never happened. I cant help but wonder though what's happening to all the home furnishing and old debts etc. while everyone pretends the marriage never happened? You see over the last 2 years I was a girlfriend, fience, and wife and during each of those times I have given loans to him each of sizable amounts (NONE of which have been returned), we have verbal agreements of splitting other costs such as our wedding and our rent (i pay his half of the rent every month). He has a great job and makes more then me before i was laid off, yet he never has money and lies to me about it. He is an admittant alchoholic and a gambeling problem for which he will not seek help. I know i have a good divorce case but I still dont want to do that if I dont have to. So if I go for the annulment will he be culpable to ALL his past debts to me weather or not they are related to the wedding or while we were married?
2 Answers from Attorneys
Annulments are very rare and are only available if there was fraud or some illegality to the marriage. It is best that you meet face-to-face with an attorney for a more detailed advice on your intended course of action.
Agreed. Many of your problems go well beyond the scope of "a divorce action" and you are limited if that is all you are seeking. For one thing, you have issues of collecting money owed, grounds (whether one would be better than the other) and landlord tenant issues. You should absolutely present your action to a divorce attorney, as pursuing an annulment would not be worth your effort.
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