How do I get an annulment and how much will it cost?
I was married in July 31, 2011 under the impression that my husband was innocent and would be home soon. He was sentenced to 89 months. I feel he asked me when I was vulnerable and convinced me he would be home very soon. When I bring that up to him he laughs about it. When he comes home we can remarry if he really proves to me that he has changed. I don't want to be tied down and feel obligated to someone that may remain in the same prison after all that time. I want him to be married to me for love and not visits. Can I get an annulment? How much will it cost and do I need to get his signature?
Answered By: The Law Offices of Seth D. Schraier
Under New York Law, you can void a marriage based upon "fraud perpetrated upon the aggrieved party." However, to void the marriage, New York law requires that you provide proof of the fraud. Unless you have anything in writing, this will be difficult to prove. Your other method, therefore, is to file for divorce. If both you and your husband are New York residents, and were married in New York, then you have to wait at least 6 months from the day you were married to file for divorce, meaning you would have to wait until January 31, 2012, at the earliest, to file for divorce.
Answer Applies to: New York
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Fredric H. Aaron, Attorney at Law, P.C.
Since the marriage is very new (less than one year), an annulment would be the proper procedure. Aside from the court costs and filing fees (which could run up to $1,000), there will be legal fees involved in drafting and filing this paperwork. A great deal depends on whether your husband will be contesting the annulment. If he does not and agrees to sign any and all necessary paperwork, then the annulment can be done under a flat rate legal fee. However, if he decides to contest the annulment, then you will have to go to court to have the judge annul the marriage, which will incur additional time and fees.
Answer Applies to: New York
Replied: 10/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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