Annulment in NYS - what is "proof?"

[UnbearablySadd]

What is the name of your state (only U.S. law)? NY

I want an annulment from my husband. I need to know what constitutes "proof" in NY.

Brief facts:

My husband and I are both in our second marriages.
We are both legally divorced from our first spouses.

We were married January 1, 2006.

January 20, 2008 I discovered my Husband was having an affair.

After the discovery of this affair, while attempting to work it through with him, I learned the following:

1. He had multiple affairs on his first wife, including one that lasted twenty (20) years.
2. He is addicted to porn (magazines and CDs)
3. He has masturbated at work for over 25 years - in a cubicle for the last 15!
4. He cohabited in Korea with a woman for over 9 months while formally engaged to a woman in USA. He told me he cohabited AFTER he'd received a "dear john" letter. This March 2008 he showed me a letter he'd written from Korea to his Uncle a few weeks before posting back to USA. In it he discussed his upcoming marriage. Clearly he was still engaged. He also initially told me that the child the Korean woman birthed while with him was not his, but belonged to an officer before him that the Korean woman actually loved and was trying to get back with. In fact, it appears from the timing to be his, and he abandoned both woman and baby to return to USA. He exchanged rings with this woman (I have the ring) in February and returned to USA in March or April.
5. He was unable to have regular sexual relations with his first wife during their 32 year marriage (less than once a year, and only at her insistence).
6. He is only able to be aroused by porn. This is a life long problem.
7. He is impotent, and refuses to treat with medications he has prescriptions for. He is not interested in sex outside of affairs or magazines.

What do I need to do to document this and qualify for an annulment? I would not have married a man who was a serial cheater, abandoned a child, is addicted to pornography, and can't have normal sex within a legal marriage.

Thank you. I need to know what NY Courts will accept as evidence of proof in order to grant me an annulment. What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? NY

I want an annulment from my husband. I need to know what constitutes "proof" in NY.

Brief facts:

My husband and I are both in our second marriages.
We are both legally divorced from our first spouses.

We were married January 1, 2006.

January 20, 2008 I discovered my Husband was having an affair.

After the discovery of this affair, while attempting to work it through with him, I learned the following:

1. He had multiple affairs on his first wife, including one that lasted twenty (20) years.
2. He is addicted to porn (magazines and CDs)
3. He has masturbated at work for over 25 years - in a cubicle for the last 15!
4. He cohabited in Korea with a woman for over 9 months while formally engaged to a woman in USA. He told me he cohabited AFTER he'd received a "dear john" letter. This March 2008 he showed me a letter he'd written from Korea to his Uncle a few weeks before posting back to USA. In it he discussed his upcoming marriage. Clearly he was still engaged. He also initially told me that the child the Korean woman birthed while with him was not his, but belonged to an officer before him that the Korean woman actually loved and was trying to get back with. In fact, it appears from the timing to be his, and he abandoned both woman and baby to return to USA. He exchanged rings with this woman (I have the ring) in February and returned to USA in March or April.
5. He was unable to have regular sexual relations with his first wife during their 32 year marriage (less than once a year, and only at her insistence).
6. He is only able to be aroused by porn. This is a life long problem.
7. He is impotent, and refuses to treat with medications he has prescriptions for. He is not interested in sex outside of affairs or magazines.

What do I need to do to document this and qualify for an annulment? I would not have married a man who was a serial cheater, abandoned a child, is addicted to pornography, and can't have normal sex within a legal marriage.

Thank you. I need to know what NY Courts will accept as evidence of proof in order to grant me an annulment. What is the name of your state (only U.S. law)?

Those are not the kind of things that will get you an annulment. However, they can get you a "fault" divorce.

 

[thedoctorisin]

DivorceNet - New York Annulment FAQ's

New York Annulment and Prohibited Marriage Laws - NY Annulment and Prohibited Marriage Laws - State Laws, Codes

 

[UnbearablySadd]

Those are not the kind of things that will get you an annulment. However, they can get you a "fault" divorce.
__________________

Thank you, Doctor and LdiJ,

I have already done the research, and I do qualify for an annulment: the marriage was entered into based on fraud - he lied about having serial affairs, what kind of person he was, that he was unable to have sex in a marriage (impotent). Those are actually two of the reasons that NYS will accept to annul a marriage.

What I asked was not "can" I get an annulment, but rather what is accepted as PROOF of these lies and the situation? e.g. The actual porn and Viagra? The cell phone bills, credit card bills and calendars documenting his affair in our marriage? Other people's awareness of my discovery of his lies? Testimony from therapists?

What is accepted as evidence in NYS to prove fraud for an annulment?

here is some information that clarifies reasons for annulment in NYS:

First:
Annulment in New York State
The cause of action for annulment in New York State is generally fraud (DRL §140 (e)). There are other arguments; see the Statute.
generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered.

Fraud is the most prevalent ground for annulment. The misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children, or sex, which society considers the foundation of a marital relationship.
Physical or emotional conditions may also be grounds for annulment, particularly when they interfere with sexual relations or procreation.
Other health conditions providing grounds for annulment include alcoholism, incurable insanity, and epilepsy. The mere existence of one of these conditions is a sufficient ground for an annulment in some states, whereas in others, an annulment may be obtained for fraud if such a condition was concealed.


So, if anyone knows what is acceptable as PROOF/EVIDENCE in NYS that would be helpful. Thank you,

Thank you,

Unbearably Sadd