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Can my marriage still be annulled if I my husband is missing?

October 11, 2017 Our Blog

According to New York annulment law, you cannot obtain an annulment if your spouse is missing. An annulment is the act of legally voiding a marriage. The marriage never happened according to New York law. The spouses could forget they were ever married.

Only Certain New York Marriage are Voidable

In New York, a marriage can be automatically voided by the state. These marriages are not permitted by law because there is someone wrong. For instance, the couple married are half- or full-blood related.

Other marriages are voidable. This means you can take the specific steps to have your marriage annulled. You must have a reason, called grounds, why the marriage must be annulled. In New York, the narrow set of grounds for an annulment are:

• Impotency: One spouse is unable to have sexual intercourse and their medical condition is incurable. The spouse wanting the annulment must prove they did not know about the medical condition prior to their marriage.
• Underage: One or both spouses were younger than 18 years old at the time of the marriage. State law prohibits minors under the age of 14 years old from getting married in the state. If you are between the ages of 15 and 17 years old, you can legally get married with your parents’ consent. You cannot obtain an annulment if you were underage at the time of the ceremony and now 18 years old or older and still living with your spouse.
• Fraud: Your spouse married you under fraudulent pretenses like not telling you they were married. They could have deceived you or omitted the truth. Fraud also includes duress.
• Insanity: You or your spouse has a medical condition that prevents you from understanding what a marriage commitment means

Your Option to End Your Marriage in New York May Include Divorce

You are not stuck in a marriage with a spouse who deserted you. You do have legal options to end your marriage. One option is divorce. Divorce is the legal end to a marriage. You must file a petition to divorce your spouse. In the petition, you must include the grounds for divorce. One legal reason for a divorce in New York is abandonment.

To obtain a divorce based on abandonment, you must prove:

• Your spouse left for the sole purpose of leaving the marriage. This means your spouse did not leave you to go to the military. They physically left the marriage home.
• Your spouse has stayed away from home for more than one year. The year must be consecutive.
• Your spouse rejected all attempts to reconcile or work on the marriage
• Your spouse refuses to pay child support for the children you to share. Of course, this only applies if you have children with your spouse.

Contact a Family Law Attorney about Your New York Abandonment Divorce

You cannot obtain an annulment even though your spouse treats your marriage like it never happened. You do not have to remain married to someone who leaves the marriage. You can obtain a divorce.

It is best to consult us immediately about your marriage situation. If you want an annulment, we may help you depending on the circumstances. For instance, your spouse abandoned you, but you later found out they never obtained a divorce from their previous spouse. You could obtain an annulment instead of a divorce.

The key to resolving your marriage crisis is talking with us. During our initial consultation, we will listen to what happened. Based on your version of events, we will determine whether you can seek an annulment or divorce.

Contact us immediately for help. Remember, you spouse may have left you, but do have the power to end your marriage in New York State court.



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