Capitol Heights, MD asked in Divorce and Elder Law for New York

Q: Need assistance on Filing A Nullity of Marriage. How do I start?

I was Married 05/20/2000

My Husband didn't divorce

His first wife until 2008. This was 8 years after we are together. He left me in February 2007. My Marriage is not valid, and I need it nullified.

He had a stroke last year, and I went back to assist him, because no one would. They asked me to be legal guardian and I did. How do I proceed to nullify my marriage. I will continue to be his guardian to assist, but my marriage needs to be nullified.

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2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: As long as you have all the documentation to support that he was still married when you entered into the marriage contract, you will be able to get it annulled. You must start an action in court and should have an attorney assist you. Matrimonial/Divorce attorneys and Estate Planning attorneys, such as myself generally handle these matters. If you have all the documentation, it is a fairly easy and inexpensive process.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You are posting this from out of state. That raises the issue of what state would have jurisdiction to grant your request. More information about your residence and your husband's is needed along with how long each of you has been there.

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