Annulment New York: What You Need to Know

What is Annulment in New York?

An annulment proceeding is a legal process that declares a marriage invalid or void through a court order. An annulment is different from a divorce; it is a declaration that the marriage effectively never happened by erasing the married status within the court system. One party may want an annulment for various reasons, like avoiding the stigma of divorce, due to religious or cultural concerns, or more. Civil annulments are recognized by the court, however religious annulments are only recognized by the church or clergy, and have no legal effect on marital status.

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Grounds for Annulment in New York

Under New York law, there are five grounds for annulment in a marital relationship, including mental illness, fraud, duress, bigamy, and underage marriage. The grounds vary by state, and New York has its own set of state laws. A spouse can file for annulment in New York if a doctor or court declares the other spouse a mentally ill spouse for at least five years of time throughout the marriage.

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Void and Voidable Marriages in New York

Void marriages are those that are deemed illegal from their inception and, therefore, were never actually valid under state law. Examples of void marriages are bigamy (one of the spouses is already married to someone else), incest, or if one or both parties are not of legal age to marry.

Voidable marriages are not automatically illegal but can be declared invalid by a judge, unlike a legally valid marriage. Voidable marriages can be annulled if certain conditions are met, such as lack of consent or mental incapacity of one spouse.

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Annulment vs. Divorce

Annulment and divorce are two different legal processes that can end a marriage, yet are very different in approach and implications. Annulment proceedings in New York declare a valid marriage never existed, essentially erasing the married status as if the marriage never happened. This is important for those who have religious or cultural objections to divorce. A divorce acknowledges a valid marriage existed, but proclaims that it is now ended.

One of the significant differences between an annulment and a divorce in New York is the particular grounds for each. Like stated above, for an annulment, specific conditions, such as fraud, duress, mental incapacity, incurable mental illness, or other circumstances are necessary evidence and must be proven. For a divorce, separation and ending of a marriage can be granted on broader grounds, such as irreconcilable differences or general breakdown of the marriage.

The outcomes of annulment and divorce also differ. An annulment action can affect the division of property and spousal support differently than a divorce. Since an annulled marriage is void or voidable, the court may treat the division of assets as if the couple were never married. However, child custody and child support are handled the same in annulment and divorce; the best interest of the child is the priority.

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The Annulment Process in New York

The process for an annulment in New York requires a trial and hearing before a judge experienced in family law matters. Unlike divorce, an annulment requires the filing spouse to prove at least one of the grounds in court. The spouse must file papers with the court and bring evidence, including documents and witnesses, to support their claim for annulment.

Knowing these differences can help you make informed decisions about the best legal way to end your marriage under New York law. Whether you’re seeking an annulment or a divorce, consulting with an experienced Manhattan annulment or divorce attorney can guide you through the annulment process.

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Annulment and Child Support

An annulled marriage does not affect the legitimacy of children born during the marriage. Children born while parents are married in a valid state or religious ceremony are considered legitimate heirs, even if the court later annuls or voids the marriage. An annulment in New York does not affect custody or child support and instead creates a presumption of paternity and requires a determination of custody. Thus, child support and custody can be addressed in the annulment process.

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Can a Spouse Waive Certain Grounds for Annulment?

Fraud is a ground for annulment in void and voidable marriages, but the spouses can waive it by continuing to live together after discovering the fraud. The court can also declare the innocent spouse waived fraud and ratified the marriage, and annulment on fraud grounds will not be granted. A spouse can also waive fraud by acquiescence, such as in a case where a spouse refused to comply with a promise to have children, and the otherwise innocent spouse was aware contraceptives were being used by the offending spouse. Duress, threats, violence, constraint, or any other act brought to bear on a spouse to do something against their will is another circumstance that can be waived if the spouses voluntarily lived together as a married couple.

The request to annul must be made before the marriage's five year period ends. Yet, consent in marriage gained in the face of forced obscene or deceitful circumstances can lead to the annulment.

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Get the Right Legal Help for Your Annulment Under New York Law

If you believe your marriage is invalid and has grounds for annulment, you need experienced representation. A lawyer familiar with the New York courts can guide you, represent you, and help you gather evidence to support you throughout the annulment process.

It is essential to seek the advice of a qualified attorney familiar with New York State annulment law to navigate these complex issues. A Manhattan annulment attorney can help ensure that your rights and interests are protected during the annulment process.

Here at Hannon De Palma, LLC, we believe in focusing on what truly matters -- protecting your rights, using our expertise to create successful outcomes for the entire family, and focusing on creating a future where everyone can thrive. Practicing across Westchester County, Manhattan, Long Island, and Boston, the Hannon De Palma team has decades of experience representing clients in custody and divorce cases.

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Call our office at (914) 444-1900 or fill out a simple, free online consultation form to begin your next chapter.

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