Long Island Annulment Attorneys

What are the Grounds for an Annulment in NY?

Unlike divorce, annulment can only be granted on the following grounds:

• Either spouse is incurably incapable of having sexual intercourse.
• Either spouse had not reached the age of legal consent at the time of marriage.
• Either spouse is incurably insane for at least five years of the marriage.
• Either spouse could not give consent to the marriage due to insanity, incapacity, or deficiency.
• Either spouse consented to the marriage as a result of force, duress, or threat.
• Either spouse was obtained by fraud.

Getting a marriage annulled can be an incredibly difficult process. Done correctly and with the proper legal guidance, however, annulment could be a viable option for your particular family law matter. By declaring a marriage null and void, it will be as though the marriage never even happened.

How to Get an Annulment in NY?

As stated above there is an extremely specific criteria that needs to be met when applying for a marriage annulment. Unlike a divorce where a judge may not always need to be present, the annulment process requires a trial & hearing with a judge as one of the grounds for annulment must be met. After filing for annulment the trial typically requires evidence be shown such as witness testimonials or legal documentation that proves grounds for annulment.

In certain circumstances, a marriage won't need to go through the process of annulment; rather, an action to declare the nullity of a void marriage will need to be obtained. In circumstances of incestuous marriage, bigamous marriage, or a marriage that has not been solemnized, the marriages will be viewed automatically void by the courts.

Protecting Your Interests in Complex Marital Issues

Just as with divorce, annulment can be an incredibly emotional process as well as a tedious legal procedure. Once a marriage has been declared void, the separated couple will still have to tend to complex matters of agreeing on issues pertaining to their children, property, and money.

Decisions to be addressed may include:

• Child custody and child support
• Spousal support (alimony)
• Property, asset, and debt distribution

No matter how long, intimate, brief, or contentious your marriage was, coming to terms with the fact that a chapter of your life must now close can be an exhaustive, overwhelming, and sensitive time. Many people can feel significant guilt or grief during divorce and annulment. We understand just how life-changing an annulment can be for your entire family and strive to provide you with the personal, focused, and attentive legal care that you deserve.