Huntington, NY Divorce Law Firms & Lawyers

In order to maintain an action in NY, you must meet the residency requirements of which the most common is living in NY for the last two years.  If you do meet the jurisdictional requirements, then the grounds for a NY annulment are as follows: (a) At the time of your marriage, your spouse was still married to someone else. (b) At the time of your marriage, one or both of the parties had not attained the age of legal consent unless after they reached the age of consent he or she attained that age freely cohabited with the other party as husband or wife. (c) An action to annul a marriage on the ground that one of the parties thereto was a mentally retarded person may be maintained at any time during the life-time of either party by any relative of a mentally retarded person, who has an interest to avoid the marriage. (d) An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage. Such an action can be maintained only where an incapacity continues and is incurable, and must be commenced before five years have expired since the marriage. (e) Consent by force, duress or fraud. An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force or duress may be maintained at any time by the party whose consent was so obtained. An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by fraud may be maintained by the party whose consent was so obtained within the limitations of time for enforcing a civil remedy of the civil practice law and rules. Any such action may also be maintained during the life-time of the other party by the parent, or the guardian of the person of the party whose consent was so obtained, or by any relative of that party who has an interest to avoid the marriage, provided that in an action to annul a marriage on the ground of fraud the limitation prescribed in the civil practice law and rules has not run. But a marriage shall not be annulled on the ground of force or duress if it appears that, at any time before the commencement of the action, the parties thereto voluntarily cohabited as husband and wife; or on the ground of fraud, if it appears that, at any time before the commencement thereof, the parties voluntarily cohabited as husband and wife, with a full knowledge of the facts constituting the fraud. (f) Incurable mental illness for five years. An action to annul a marriage upon the ground that one of the parties has been incurably mentally ill for a period of five years or more may be maintained by or on behalf of either of the parties to such marriage. If you meet these grounds, then you may commence an action for an annulment, however, you should consult with an experienced attorney before undertaking an actions.

If this is not set out in the decree, then presumption would be that the debt is split 50/50. The IRS will not make this presumption and come after both of you until the debt is paid. Discuss this with your divorce attorney.