Annulment vs. wait 6 months for a no fault divorce in NYC?

[doucar]

And if the spouse choses to contest it, it could very well take well over the 6 months a uncontested divorce would take. And with the short duration he would have no claim on "maritsl" assets, if there were any>

 

[zddoodah]

Is there an advantage to an annulment beyond it being faster and the stigma of divorce?

Why do you think obtaining an annulment will be faster? And what do you mean by "the stigma of divorce"? The all-knowing Google tells me that nearly 50% of marriages end in divorce. If there's a "stigma" it exists only among members of certain religions and communities. It certainly does not exist among the general population.

And if I can wait it out for a no fault divorce in 6 months, which would be April, since we've been married 6 weeks), am I leaving myself vulnerable for him to attacking my finances, etc.

I have no idea what the last part of this sentence means. However, the first part of this sentence tells me you did not click on the links in my first response in this thread. A "no fault" divorce does not require a six month waiting period (although, as a practical matter, I expect there's no way either a divorce or an annulment filed in NYC will take less than six months to work its way through the courts).

My only concern is protection

Protection from what?

He is still in the US. . . . if I don't sign this petition, he could be back in Europe by April.

Whatever you decide to do, I suggest you get started so you can serve him with the required legal process while he's still in the U.S.

 

[LdiJ]

"Obviously"? I'm not sure how you came to that conclusion.

Come on Zig...now you are just being contrary to be contrary.

 

[Ohiogal]

I don't know, I think that the "fraud" option under your number 6 factor might be an option. The OP obviously expected a real marriage, the spouse obviously did not intend that to happen.

Actually you can't say that. Maybe OP didn't want to move into his house and thought he should live where she wanted; maybe they couldn't agree on how to manage the bills (split them equally, have a joint account, what ever). Maybe he can't afford what she wants to do. There could be lots of reasons that it is slow. Ever watch 90 day fiance? Or Married at First Sight? Real marriages they enter into but they don't always work out.

 

[Zigner]

Come on Zig...now you are just being contrary to be contrary.

No, I genuinely am not being contrary just to be contrary. We have no idea of what motivation(s) the other party may have. Is it possible that the other party entered into the marriage fraudulently? Sure, but it is by no means "obvious".
Perhaps the guy got married, then called his parents and was told he'd be disowned, so he bailed.
Perhaps he said "we're moving to my hometown", she said "no way", so he bailed.
Perhaps (and this is actually supported by the OP), the OP didn't like the guy as much as she thought, so she decided not to sponsor his immigration attempts after all. Knowing that he would have to leave the country, he left. In fact, after typing this out, it really seems like a very plausible scenario.

 

[Ohiogal]

Come on Zig...now you are just being contrary to be contrary.

I see where he is coming from. You did overstate for the reasons I outlined previously. Also, some married couples maintain separate residences. There is more than one way to have a "real" marriage.

 

[zddoodah]

We have no idea of what motivation(s) the other party may have. Is it possible that the other party entered into the marriage fraudulently? Sure, but it is by no means "obvious".

Bingo.