Legal Question in Family Law in New York

Re: Divorce

ANNULMENT of the marriage may be appropriate here. "PHYSICAL INCAPACITY . . . of entering into the marrige state" is a ground for ANNULMENT of a marriage under section 140(d) of NYS's Domestic Relations Law. The phrase "physically incapable . . . of entering into the marriage state" refers to inability to paricipate in sexual intercourse, i.e. a husband's impotency would qualify.

However, to qualify as grounds for Annulment, the "physical incapacity" or impotency must be INCURABLE AND CONTINUOUS and such a lawsuit for ANNULMENT on this ground of "physical incapacity" must be brought during the first five years of marriage. Since you are in your first year of masrriage, the first five years requirement is no problem.

Hpwever, ANNULMENT is even less of a "do-it-yourself" procedure than is divorce, and it is recommended that you consult a lawyer if you are consdering bthe ANNULMENT of marriage route.

You may contact my office by clicking on the LawGuru link to my LawGuru "Attorney Profile" and telephonig my voicemail (leaving your own contact information) and/or by e-mailing me, and I will see if my experienced family law associates can help you.