Divorce or annulment in NY ?

Asked 10 months ago - Flushing, NY

I am living in NY and been married with my wife for 5 months . We plan to divorce recently. I have 2 questions:
1. If we can announce annulment, do I need to declare the marriage next time when I get married ?
2. Since we have been married for not over 6 months, do I have to declare annulment ? Or we can also get a normal divorcement ?

Attorney answers (4)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You can't declare an annulment, you have to seek one in court. And it requires a showing of fraud in the inducement to marry. You can get a divorce - and will probably need the help of a local attorney.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Rachel S. Silberstein

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . if you are just looking to dissolve the marriage and not looking for an annulment for religious reasons, I recommend waiting another month and filling for divorce. annulment s are much more complicated. the divorce will be faster, even with waiting a month

  3. Paul Karl Siepmann

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Wait the month and get a divorce. It'll be easier and faster in the long run.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  4. Myra Chack Fleischer

    Contributor Level 12

    2

    Lawyers agree

    Answered . Annulments are complicated and typically require a showing of fraud. It will likely be easier to get a divorce. If you are granted an annulment it will be as if the marriage had not existed but if you want to have a trusting relationship the next time around I would tell a future spouse.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
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