The situation does not fall within the categories for annulment in New York. The annulment category of "Incapable of consenting for want of understanding " DRL 7(2), usually applies to diagnosed mental retardation or mental illness. You can get a divorce based on "irretrievable breakdown," but you have to wait until six months after the marriage.
You would probably be able to make out a cause of annulment, either on the grounds that he lacked sufficient "understanding" of the proceeding and/or because of his "physical state." If this is your intention, you should move to annul the marriage immediately, however, as the longer you go, the more a Judge may believe that at some point you "ratified" the marriage. In any event, I encourage you to schedule a follow-up consultation with a Bronx Co. Divorce attorney.
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I have a legal guide on my profile comparing annulment and divorce. An annulment will require a hearing. An uncontested divorce generally can be done on papers submitted to the court. Talk to some attorneys to weigh your options.
Consult with a local divorce lawyer if you want either a divorce or an annulment. They are different procedures and require different paperwork. Depending on the facts either may be possible.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
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