Legal Question in Family Law in New York

Re: I Want This Marriage Annulled

You will need to get a divorce before you can legally remarry.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: I Want This Marriage Annulled

If your divorce was not finalized in 1995, you wil need to file a new divorce action, and complete it, before you can remarry.

You have not described an annulment. You have a child "of the marriage" and your marriage will be presumed to have been consumated. It does not matter that you never lived with your spouse.

If you both agree, your costs for an uncontested divorce, should be manageable. (You might want to obtain the Court Packet for Pro Se parties for Uncontested Divorces, for review).

Also, if your grounds for divorce are abandonment, whether actual or constructive, or living per a written separation agreement, you should not have Statute of Limitation issues, to muddy the waters.

Good luck,

Phroska L. McAlister,ESQ

Re: I Want This Marriage Annulled

Until you divorce, you are still legally married. It does not sound like you have grounds for an annullment.

As long as your ex-spouse agrees, you can file for an uncontested divorce. This is a relatively easy process that you can probably do yourself.

If you decide that you need an attorney, please feel free to contact my office at (212)971-1384).