When a marriage comes to an end, most people choose to get a divorce. However, a few prefer to get an annulment instead. An annulment essentially makes it appear as though the marriage never happened. This can be a good choice for some people, especially those whose religion does not allow divorces. An annulment lawyer could explain whether or not this is the right option for you.
While the term “annulment” is often used interchangeably with “divorce,” there are important differences between the two. While a divorce terminates a legal marriage, an annulment declares that a marriage is invalid. This could be based on several different factors, and an annulment lawyer can help identify if your situation qualifies.
One common reason for an annulment is that one spouse was underage when the marriage took place. This is because New York law states that you must be at least 18 to marry without parental consent. Another ground for an annulment is that the spouse lacked the mental capacity to consent to the marriage. This could be because of a severe mental illness, a lack of knowledge due to intoxication, or other circumstances.
A third ground for an annulment is fraud or coercion. This could be because of lies about a partner’s age, financial status, or other issues. It could also include a case of domestic abuse or a forced arranged marriage. For this, a court must prove that one spouse was forced to marry against their will and did not make the decision freely. An experienced annulment lawyer is essential in these cases to effectively argue the presence of fraud or coercion.
An annulment does not impact the legitimacy of children born during a marriage. In fact, the same things that must be addressed in a divorce (like property division and child custody) are also relevant in an annulment. Consulting an annulment lawyer can ensure that all aspects are handled correctly.
How to Get an Annulment
An annulment is not as simple as a no-fault uncontested divorce, and it may require more time and expense to complete. The first step in an annulment is filing a petition with the New York Supreme Court in the county where either spouse lives. This must include the reasons for the annulment and a list of any supporting documents. The defendant can agree or contest the petition, which triggers a hearing. The judge must review the petition, responses, and evidence before ruling on the matter.
There are many grounds for an annulment, and you should consult an annulment lawyer to learn more about your options. An annulment can be more complicated than a divorce, but it is still possible to dissolve your marriage in a timely manner. Please contact us today to schedule a consultation with our team of attorneys.
While many people confuse divorce and annulment, there are important differences between the two. A divorce ends a marriage but an annulment makes it as if the wedding never happened. An annulment lawyer can explain how the court’s ruling on the matter will affect property rights, child custody, and support.
There are various reasons for seeking an annulment in New York, but there must be some type of defect that occurred at the time the marriage began. If there was a legal defect at the beginning, such as fraud or duress, the court can invalidate the marriage and an annulment will be granted. An annulment lawyer can provide detailed advice on these legal defects.
Some of the most common reasons to seek an annulment include:
One or both spouses were underage. In New York, a person must be at least 18 years old to marry and must have the permission of their parents or guardians. A judge must also approve a marriage for someone under the age of 16 if certain conditions are met.
A spouse was unable to consent to the marriage because of intoxication or mental illness. A judge can require medical tests and an assessment of a person’s mental capacity before approving a marriage for a mentally incapacitated individual.
The marriage was bigamous or polygamous. New York law states that a person may not have more than one spouse at the same time. This is known as a “voidable” marriage and can be annulled under some circumstances, such as when the previous spouse is deceased or the second spouse was not legally married to anyone else at the time of the second marriage. An annulment lawyer can assist in determining the validity of such marriages.
If a spouse is already married, it can be difficult to get an annulment because the first marriage was valid at the time of the marriage. However, if a spouse was coerced into the marriage or made a bad decision because of the influence of drugs or alcohol, he or she can file for an annulment. An annulment lawyer can help navigate these complex situations.
Religious reasons are another common reason to seek an annulment. Some religions do not allow divorce or impose additional restrictions on ending a marriage, so an annulment is often the best option. An experienced annulment lawyer can evaluate whether an annulment is feasible under religious grounds.
People who are considering an annulment should discuss their specific circumstances with a qualified annulment lawyer. The lawyer can guide them through the process of pursuing an annulment and ensure that all requirements are met in order to receive the court’s approval. An annulled marriage will not be entered into the official records, but it will still affect property rights, such as the right to inheritance and the obligation to pay joint debts. This is why it’s essential to work with an experienced attorney. Contact an annulment lawyer to schedule a consultation. The lawyer will be able to answer any questions you have and explain the difference between an annulment and a divorce in New York.
One of the most common questions we hear from clients is whether or not it’s possible to get an annulment instead of a divorce. While a divorce dissolves a marriage, an annulment declares a particular union as invalid from its inception. Consulting with an annulment lawyer can help clarify these distinctions and guide you through the specific legal process required. While there are a number of reasons that a couple may want to obtain an annulment rather than a divorce, it’s important to understand the legal process for obtaining such a declaration as well as what makes a marriage eligible to be declared null and void.
New York is a no-fault state when it comes to marital dissolutions, meaning that a spouse does not have to prove fault as a factor in a court’s decision to end the marriage. In contrast, an annulment is a legal process that declares a marriage to be void from its inception and requires that a specific set of circumstances be met. An annulment lawyer can explain how the legal definitions for these two types of marriage differ from jurisdiction to jurisdiction.
In New York, the process of an annulment is significantly more complicated than a standard no-fault divorce. In addition, there are only certain situations under which a marriage can be annulled and the time limits in which one can file for an annulment are more stringent. For this reason, it’s crucial that people seeking an annulment consult with an annulment lawyer who can provide them with detailed information about the process and the legal requirements in their jurisdiction.
The following are some of the most common grounds for an annulment in New York:
Consent was obtained through force, coercion, or fraud – If one spouse entered into the marriage through false pretenses or was forced to marry by their partner, this can be a ground for an annulment. An annulment lawyer can assist in gathering the necessary evidence to support such claims, including documenting any fraudulent activity.
Unable to have sexual intercourse – If one spouse is unable to engage in sexual activities or did not disclose this prior to the marriage, it can be grounds for an annulment. Consulting an annulment lawyer is crucial in such cases to ensure that all medical and personal disclosures are adequately addressed in court.
Unlike a divorce, an annulment typically requires a trial and hearing before a judge in order to be granted. This means that it is generally more expensive than a divorce, but it is still a viable option for couples who feel their marriage cannot be saved. If you are interested in learning more about annulment law or would like to discuss your situation with a knowledgeable annulment lawyer, please contact a member of our team today. We will be able to provide you with the information and guidance that you need.
Juan Luciano Divorce Lawyer - Manhattan
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(212) 537-5859