A formal divorce is usually the only way to end a marriage. However, marriages are sometimes void or voidable, in which case the couple would request an annulment.
Your annulment may be successful if there is a legal reason why one or both spouses could not enter into the marriage contract. For example, you may be able to annul your marriage if an official or the courts erroneously granted a marriage license. If the marriage did not legally exist in the first place, then it is void.
If you are considering a divorce, or if you have questions about annulment in New York, contact the Elliot Green Law Offices. Mr. Green is a Staten Island family lawyer who can guide you through the divorce process. Call 718-260-8668 for a free, 30-minute initial consultation.
Read on to learn the factors that make a marriage void in New York:
Is Your Marriage Void?
According to New York Courts, there are only three reasons why a marriage would be void:
- It is an incestuous marriage;
- It is a bigamous marriage;
- Or the person presiding over the marriage lacked the necessary qualifications to marry you.
A bigamous marriage is the act of marrying one person while still married to another. In the state of New York, only ministers, judges, clergy, and some county and city officials can preside over a marriage.
If your marriage meets any of these criteria, then it is void. Your next step is to decide how to handle your marriage’s nullity.
Formal Declaration of Nullity
If the marriage is void, then the marriage license that you received after the wedding is not legally valid. In the eyes of the law, you were never married. This means that there is no need for you to lodge an official declaration of nullity.
There are, however, circumstances when people may wish to seek a formal declaration. This may be the case if:
- You have children;
- You think you may be entitled to maintenance from your spouse;
- You and your spouse held joint property or assets.
You will then need to gather the necessary evidence to prove that your marriage was void. If the marriage was incestuous, then a birth certificate may be necessary. If your spouse was married to another person, then you should try to locate another marriage certificate with your spouse’s name.
Is Your Marriage Voidable?
Even if your marriage is not void, it may still be voidable. This can happen if one of the parties:
- Was under the age of consent;
- Was incapable of consenting for want of understanding;
- Was incapable of entering into a married state from physical cause;
- Consented to the marriage due to duress, fraud or force;
- Or had an incurable mental illness for at least five years.
If you are considering divorce, contact the Elliot Green Law Offices. Call 718-260-8668 today to schedule a consultation with a New York divorce attorney.
