Legal Question in Family Law in New York

Re: divorce

Drug addiction per se is NOT one of the grounds for ANNULMENT of a marriage in NY; however, drug addiction can serve as evidence of the drug addicted spouse's CRUEL AND INHUMAN TREATMENT of the other spouse, which is a ground for DIVORCE in NY.

Moreover, three of the ground of ANNULMENT in NY are: spouse's INCURABLE MENTAL ILLNESS; or, spouse's incurable "physical incapacity": i.e., incurable and continuous inability to participate in sexual intercourse; or, if your spouse obtained your consent for marriage by FRAUD: e.g., if your spouse concealed his drug addiction from you AT THE TIME of the marriage, and if you would not have married if you had known of your spouse's drug addiction, then you can annul the marriage WITHIN THREE YEARS OF of your discovery of his ongoing drug addiction dating back to the time of your marriage.

NY courts have ruled that a spouse's drug abuse, (and/or alcohol abuse), can serve as evidence of a ground for DIVORCE as a type of the CRUEL AND INHUMAN TREATMENT GROUND for divorce in N.Y.. (see, e.g., Ash v. Ash, 53 A.D.2d 1039), 386 N.Y.S.2d 159 (4th Dept 1976); Weilbert v. Weilbert, 115 A.D.2d 473, 495 N.Y.S.2d 707, reversed on other grounds, 167 A.D.2d 463, 562 N.Y.S.2d 139 (2 Dept 1990)).

Note that NY courts have ruled that the FRAUD ground for ANNULMENT a marriage is only met if the fraud amounts to a "material representation sufficiently material to the marriage that" your (i.e., the defrauded spouse's) "knowledge of the truth" wpud have resulted in your (the defrauded spouse's) not having gone through with the marriage. (See, e.g., Mirizio v. Mirizio, 242 N.Y. 74 (1926)).

If your spouse's drug addiction has either caused, or resulted in MENTAL ILLNESS or PHYSICAL INCAPCACITY, then that could also serve as grounds for ANNULMENT as explained below.

MOREOVER, re; ANNULMENT: A marriage can be ANNULLED, if your spouse has been INCURABLY mentally ill for at least FIVE YEARS (e.g., as a cause or result of the drug addiction. A marriage can also be ANNULLED within the FIRST FIVE YEARS of the marriage if your spouse was mentally ill at the time of the marriage (e.g., either as a cause or result of the drug addiction), and you did not know of your spouse's condition at the time of the marriage; AND, a marriage can be ANNULLED WITHIN the FIRST FIVE YEARS of the marriage if is continuously, and incurably, "physically incapable" of entering into marriage, i.e., continuously and incurably incapable of sexual intercourse.

Re: divorce

No. Annulment must take place in the first year of the marriage. You can however probably get a divorce. You should see a lawyer for that. If you would like to speak to me about your situation you may contact me through the links below.

Good Luck.