Legal Question in Family Law in New York

Annulment

My son got married 3 yrs ago in a self induced drug high, how does he go about getting the marriage annulled? Can he do it himself or does he need an attorney?


Asked on 2/19/04, 8:55 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Annulment

He can't. While he may have been able to do so if he acted immediately, the fact that he remained married for 3 years will be viewed as a ratification of his decision to get married, even if he didn't make a rational decision at the time. I'm afraid that if he wants to dissolve the marriage it will be necessary for him to undergo divorce proceedings.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/19/04, 9:21 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Annulment

This is a difficult problem. Annullment is tough because of the 3 years between the petition for annullment and the marriage. It is possible if he and he 'wife' have never lived together after the marriage.

The annullment petition is almost identical to the divorce petition. the big difference is that the annullment is an ex parte motion and the divorce is an 'action' (notice, petition, order).

If the matter is "uncontested", then I can assist you for very little money. (It is a simple matter). If you do not know where the 'wife' lives, then it will take a little longer, but will still happen (the court needs another motion and then 'service by publication' after a search).

If I knew more about the case, I would be able to give you more options.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 2/19/04, 12:09 pm


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