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  #1  
Old 10-30-2007, 10:34 PM
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Can I get an Annullment?

Tampa, FL
I was married with my mothers consent at the age of 17. I got married in Manhattan in NYC. I am now 30 years old. We have two daughters. He only signed paternity papers for one which now she is 14 years old. My second daughter never even met her father. We got married September 1st of 1994. My second daughter was born January 15th, 1995. He left and went back to Ecuador South America in December of 1994. I have not seen or heard from him since. Well he's emailed my daughter every once in a blue. He's mentioned having a new wife and having children also. I also have other children. I was wondering would I have to go thru the normal process of divorce or is there anyway I can get this annulled since we were only together for 3 mos before he just up and left? If I do have to go thru the normal process how can I go about getting this done myself here in the state of Florida? I was told before I would have to run an ad in the local newspaper before I would be granted a divorce. I know your wondering why haven't i divorced a long time ago..well I just didn't have the money and really didn't care because I wasn't plannning on getting married anytime soon. Now I found someone I want to marry I just need to figure out what's the best way to get this done.

Thank you for any advice.
JCOLON515
Last edited by Jcolon515; 10-30-2007 at 10:40 PM.
  #2  
Old 10-30-2007, 11:29 PM
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Originally Posted by Jcolon515 View Post
Tampa, FL
I was married with my mothers consent at the age of 17. I got married in Manhattan in NYC. I am now 30 years old. We have two daughters. He only signed paternity papers for one which now she is 14 years old. My second daughter never even met her father. We got married September 1st of 1994. My second daughter was born January 15th, 1995. He left and went back to Ecuador South America in December of 1994. I have not seen or heard from him since. Well he's emailed my daughter every once in a blue. He's mentioned having a new wife and having children also. I also have other children. I was wondering would I have to go thru the normal process of divorce or is there anyway I can get this annulled since we were only together for 3 mos before he just up and left? If I do have to go thru the normal process how can I go about getting this done myself here in the state of Florida? I was told before I would have to run an ad in the local newspaper before I would be granted a divorce. I know your wondering why haven't i divorced a long time ago..well I just didn't have the money and really didn't care because I wasn't plannning on getting married anytime soon. Now I found someone I want to marry I just need to figure out what's the best way to get this done.

Thank you for any advice.
JCOLON515
The best way to get this done in my opinion is to offer your STBX some alimony for at least half the length of the marriage. This could save you some litigation costs.
Last edited by m martin; 10-30-2007 at 11:46 PM.
  #3  
Old 10-31-2007, 06:53 AM
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Ignore Bali. But no you cannot get alimony. Nor can he. You have survived without him all this time> You can sue for child support -- he only had to sign an AOP for a child born OUTSIDE of the marriage. If you were married when the child was born then he is the legal father. You will also have to sue for divorce. You have grounds -- he is a bigamist.
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  #4  
Old 10-31-2007, 08:08 AM
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OFFER HIM ALIMONY? ARE U NUTS!?!? IM THE ONLY PERSON THAT'S BEEN CARING FOR OUR DAUGHTERS. AND SINCE HE'S IN ECUADOR CHILD SUPPORT WONT DO A DOGGONE THING ABOUT IT. HE SHOULD BE PAYING ME! JEEZ! ANYWAY..I JUST WANTED TO KNOW IF I COULD GET IT ANNULLED INSTEAD OF HAVING TO GO THRU DIVORCE PROCEEDINGS. ANYONE KNOW HOW I CAN GO ABOUT DOING IT MYSELF IN THE STATE OF FLORIDA?
  #5  
Old 10-31-2007, 08:56 AM
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You cannot get it annuled. File for divorce. This is a free forum and there are trolls. Stop shouting.
  #6  
Old 10-31-2007, 09:06 AM
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Originally Posted by Ohiogal View Post
Ignore Bali. But no you cannot get alimony. Nor can he. You have survived without him all this time> You can sue for child support -- he only had to sign an AOP for a child born OUTSIDE of the marriage. If you were married when the child was born then he is the legal father. You will also have to sue for divorce. You have grounds -- he is a bigamist.
Unless perhaps he already divorced her in Ecuador. That's not outside of the realm of possibility.
  #7  
Old 10-31-2007, 09:13 AM
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New York Annulment
A New York annulment is very much like a divorce. In both instances, the marriage ends. In a New York annulment, you receive a document that says that your marriage is annulled. In a New York divorce, you receive a document that says that you are divorced. There is no practical difference.

When an annulment is granted in New York, the marriage records remain on file. Many people believe that whether a marriage may be annulled depends upon the duration of the marriage. This is not completely true. Although an action for an annulment must be commenced within three years of the date of the marriage, there must also be a valid ground for the annulment. The most common ground in New York for an annulment is that of fraud. Obtaining an annulment upon the ground of fraud requires proof that the other party had tricked the innocent person into marriage. The fraud has to be of a significant nature. Examples of this type of fraud are a false assertion of pregnancy, a marriage for the sake of obtaining a green card, or a statement before marriage that the other party wanted to have children but, after marrying, refusing to have any.

An annulment can also be obtained in other circumstances. For example a marriage to someone who was already married to someone else or a marriage to a close family member, such as a brother or sister.

If you were married in a religious ceremony, you should consult with your clergyperson concerning obtaining a religious annulment. This procedure has nothing to do with a civil annulment. Even if you get a civil divorce you may still be able to obtain a religious annulment.
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  #8  
Old 10-31-2007, 09:40 AM
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Originally Posted by lwpat View Post
You cannot get it annuled. File for divorce. This is a free forum and there are trolls. Stop shouting.
sorry..i wasn't yelling....im at work and our sfw requires caps..lol....anyway...thnx for the advice.
  #9  
Old 10-31-2007, 10:21 AM
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Originally Posted by Ginny J View Post
New York Annulment
A New York annulment is very much like a divorce. In both instances, the marriage ends. In a New York annulment, you receive a document that says that your marriage is annulled. In a New York divorce, you receive a document that says that you are divorced. There is no practical difference.

When an annulment is granted in New York, the marriage records remain on file. Many people believe that whether a marriage may be annulled depends upon the duration of the marriage. This is not completely true. Although an action for an annulment must be commenced within three years of the date of the marriage, there must also be a valid ground for the annulment. The most common ground in New York for an annulment is that of fraud. Obtaining an annulment upon the ground of fraud requires proof that the other party had tricked the innocent person into marriage. The fraud has to be of a significant nature. Examples of this type of fraud are a false assertion of pregnancy, a marriage for the sake of obtaining a green card, or a statement before marriage that the other party wanted to have children but, after marrying, refusing to have any.

An annulment can also be obtained in other circumstances. For example a marriage to someone who was already married to someone else or a marriage to a close family member, such as a brother or sister.

If you were married in a religious ceremony, you should consult with your clergyperson concerning obtaining a religious annulment. This procedure has nothing to do with a civil annulment. Even if you get a civil divorce you may still be able to obtain a religious annulment.
Are New York matrimonial laws mirrored in Florida?
  #10  
Old 10-31-2007, 10:27 AM
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I also have other children.
Why didn't anyone else notice the fact that he is the father of her other children, legally?
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  #11  
Old 10-31-2007, 10:30 AM
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(posted before mo's reply):
What difference does it make, there are no grounds for an annulment in any state. Divorce is the only option. (Well, technically, remaining married is an "option", but probably not one the OP wants to consider right now).

To Mo:
I don't think she said the other kids are from EcuadorDaddy...
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  #12  
Old 10-31-2007, 10:34 AM
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Originally Posted by You Are Guilty View Post
(posted before mo's reply):
What difference does it make, there are no grounds for an annulment in any state. Divorce is the only option. (Well, technically, remaining married is an "option", but probably not one the OP wants to consider right now).

To Mo:
I don't think she said the other kids are from EcuadorDaddy...
I know. I said "legal" daddy. He is their father, since he was her husband at the time of their births.

This is the sh!t that happens when kids want to be grown.
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  #13  
Old 10-31-2007, 10:37 AM
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Are New York matrimonial laws mirrored in Florida?
Bali, I'm confused. I looked up the rules for annulment and show that she couldn't since 3 years had passed. She needs a divorce.
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  #14  
Old 10-31-2007, 10:41 AM
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Tampa, FL
I was married with my mothers consent at the age of 17. I got married in Manhattan in NYC.
Although she got married in NY, she currently lives in FL.
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  #15  
Old 10-31-2007, 11:11 AM
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Originally Posted by LdiJ View Post
Unless perhaps he already divorced her in Ecuador. That's not outside of the realm of possibility.
And since this is true... we don't actually know if OP is still married or not. Just that she thinks she is.
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