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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband and I are seeking an UNCONTESTED divorce and/or

Resolved Question:

My husband and I are seeking an "UNCONTESTED" divorce and/or annulment. We were married by a priest in a catholic church in the state of New York, but now reside in the state of FLORIDA. Is this something that can be done through a lawyer in FL or do we have to go through NY since this is where the union took place and what would be more cost effective?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I need a few more facts and I can assist you.

Can you tell me how long you have lived in FL?
Was there anything peculiar about the events leading up to your marriage that makes you think that an annulment might be appropriate?
How long have you been married?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.

Regards,

Doug
Customer: replied 5 years ago.
<p><strong class="text-15-black">Good Morning Doug,</strong></p><p><strong class="text-13-black">Thank you so kindly for your time. The answers are as follows: 1) I have been living in FL for 1 year and my husband just moved down from NY this past Jan 2009. We have been commuting between the two state since 2005. 2) The reason for the divorce is my husband confessed to me that in Oct 2008 he had a one-time affair with a women that has resulted in her becoming pregnant with his child. I started going through our bills and records (call it my own personal investigation) and that is when I discovered a set of divorce papers that belonged to my husband. I did not know he was previously married until I confronted him with the proof I had found. When we applied for the marriage cert in NY I specifically remember a section that asked if you were previously divorced and he maked "no" ...I maked "no" since this is my 1st and only marriage. We also had an interview with a priest when he asked under oath to some following questions and one of them was "if were ever married before" he flat out lied.</strong></p>
Customer: replied 5 years ago.
#3) we were married on July 21,2007 making it 1 yr & 9 months
Expert:  LawTalk replied 5 years ago.
Good morning,

I am very sorry to hear of your dilemma.

Your husband's lack of candor about a previous marriage will not be sufficient to allow you to get an annulment in NY, which is where an annulment would have to be granted. Neither will his admitted infidelity.

However, as you have made Florida your home, and have resided there for the required 6 months, you may file for divorce against your husband. There are just two grounds in Florida for divorce:

1. The irretrievable breakdown of the marriage, and
2. The mental incapacity of one of the spouses for a period of at least 3 years.

An attorney in Florida will be able to handle this for you easily. There is no need to return to NY.

I wish you the best in your future.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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