BROOKLYN, New York. If you are considering divorce in Brooklyn, New York, you may be learning about all the ways you can get divorced. There is no-fault divorce, fault divorce, or annulment. While most divorcing couples will seek either a no-fault divorce or a fault divorce, in some unique situations, an annulment may be the most appropriate option.
What is the difference between an annulment and a divorce? An annulment treats the marriage as if it never happened, whereas with a divorce, the marriage will be listed “on the books.” People seek annulments for many reasons. However, individuals must be able to provide specific reasons to establish that an annulment is appropriate. What are some legal reasons for annulment? According to the New York City Bar Association, there are five grounds for annulment in New York:
- You were too young to get married. If you are under 18 years of age, you need parental consent to get married.
- You or your spouse was mentally ill or mentally incapacitated when the marriage was finalized.
- Fraud, misrepresentation, or concealment. If you were lied to before the marriage, you may be able to seek an annulment. Lies can include marrying someone to gain citizenship, lying about children or ability to have children, or lying about being married. Lying about a major issue such as ability to have children, felonies, impotency, or sexually transmitted diseases can also be grounds for an annulment.
- Incurable mental illness for a period of five years or more.
Why would one want to seek an annulment? For one, the courts and the law then treat your marriage as if it never happened. So, if you got married on a whim and ran to the courthouse, only to later regret this choice, annulment may be a good option. According to Life Hacker, one individual noted that her partner changed his mind about wanting to have kids after the marriage was finalized. This was sufficient grounds to seek an annulment. In another case, a woman learned that the person she married was violent. For her, it was important to not have to check the “divorce” box on paperwork going forward because she would not have gotten married had she known this about the man she married.
Some people seek an annulment for religious reasons. Others don’t want the stigma of divorce. While divorce is far more common now than it was years ago, if your marriage is new, if you didn’t know your partner before you got married, or if new information has come to light that would have changed your view about the marriage, annulment may be a better option.
Annulment has the added benefit of not requiring you to split marital assets 50/50, though if you have been married for some time and then seek an annulment, you’ll have to provide more documentation to the court to support your annulment claim.
The legal process of getting separated or divorced after a marriage has been finalized can be complex. If you are considering divorce or annulment in Brooklyn, New York, contact the Elliot Green Law Offices today. Our family law attorneys can review your unique case and work with you to help you find the best resolution possible under the law. Visit our firm at https://www.elliotgreenlaw.com/ to learn more.
