Legal Question in Family Law in New York

I found out my husband has been having an affair for 5 years out of the 7 that we were married. She came to my home to attack me and the police had to be called. She was arrested for criminal mischief and he left town.

I want to know about an annulment and if I'm entitled alimony since I was laid off from work and he managed to support his mistress for 5 years out of the 7 of our marriage.

Thank you

Asked on 6/03/12, 6:47 pm

3 Answers from Attorneys

Yefim Rubinov Yefim Rubinov Attorney at Law

You should file for divorce and ask the Court to award you spousal maintenance. Hire an attorney.

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Answered on 6/03/12, 8:49 pm
Michael Markowitz Michael A. Markowitz, PC

An annulment means that the marriage never happened - ususally as a result of fraud or incapacity to enter into the marriage contract. You cannot have an annulment and receive maintenance (alimony). Maybe you should file for divorce.


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Answered on 6/04/12, 5:25 am
Leta Liou The Law Firm of Liou & Maisonet, PLLC

You should pursuing a divorce (not annulment), during which you would also be seeking spousal maintenance (alimony), equitable distribution of any marital assets, counsel fees, and any other ancillary relief to which you may be entitled, depending on the facts of your case. Speak to an experienced attorney to make sure that your rights are protected.

If you have further questions, feel free to call for a free telephone consultation.

Best Wishes,


Leta Liou, Esq.

The Law Firm of Liou & Maisonet, PLLC

124 Nassau Street, Suite 2

New York, New York 10038

(646) 587-0188

Serving Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, Suffolk, Westchester, Rockland and Orange Counties.

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Answered on 6/04/12, 8:55 am

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