Legal Question in Family Law in New York
I was married Feb 11 2002 in New york to someone that was incarcerated at the time. Shortly after he told me that he was in deportation proceedings and was then deported two years later. We never lived together as husband and wife and I never saw him again after he was deported. I have since lost contact with him and would like to know that if under New York State law if I am able to get an Anullment since he married me just to try to stay in the country (Fraud) and because we never lived together as husband and wife or do I have to divorce him under Abandonment which will be difficult for me since I do not know where he is to serve him. Thanks for your time and consideration in this matter.
2 Answers from Attorneys
Either way, annulment or divorce, it will cost you a lot of money due to the extra filings and procedures involved, including motion preparation and filing, affidavits by a process server, and court-ordered advertising. The process is expensive, but if you cannot locate your spouse, this is the only way you can get divorced in New York (or an annulment).
You will be better served with attempting to get a divorce. After this long period of time you are not going to get an annulment. The expensive part of the process will be the requirement to perform due diligence to attempt to locate your husband. The rest is standard.
If you would like a free consultation, you can contact me at 516-746-4747.
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