According to New York Courts, an annulment is a court statement that declares a marriage is not legally valid. Following the annulment, both individuals are legally free to remarry. Essentially, once a couple gets an annulment, the marriage will cease to exist, and it will be as if the couple never married.
The annulment process is not as simple as many people believe. There are eligibility requirements that you must meet before the court will grant this declaration.
At the Elliot Green Law Offices, we can explain the annulment process and help you decide if this would help your situation. Staten Island divorce attorney Elliot Green can answer your questions and represent your personal and financial interests during the divorce.
Call us today at 718-260-8668 to schedule an appointment. In the meantime, read on to learn more about the New York annulment process:
New York Annulments
Not every marriage qualifies for annulment. According to NY Courts, your marriage must be void or voidable in order for you to seek an annulment from the courts.
The courts will never consider a void marriage valid, and you can always seek an annulment under such circumstances. Common examples of a void marriage include situations when close relatives were married, or when one of the spouses was still married to someone else at the time.
A voidable marriage is different, and this requires you to present evidence that your marriage is not valid for one or more acceptable reasons.
Possible Reasons for Annulment in New York
There are five key situations in which you may be able to get an annulment:
- If you were too young to consent to the marriage
- If you or your spouse had insufficient mental capacity to consent to the marriage
- If one of the spouses is unable to consummate the marriage
- When consent for the marriage was obtained by duress or fraud
- If your spouse has had an incurable mental illness for five years or more
If your marriage meets one of these requirements, then the court may declare it null and void. There will be a record of the annulment, but legally speaking, you and your spouse were never married.
According to NY Courts, the court will consider any children conceived during the marriage period to be legitimate. You and your spouse are responsible for these children, and the court may make orders regarding financial support and custody in order to ensure their well-being.
Although nearly half of all U.S. marriages end in divorce, each case is unique. Hiring a family attorney to protect your interests is the first step toward a positive outcome.
If you are considering a divorce or have questions regarding a family law matter, contact the Elliot Green Law Offices. Queens family lawyer Elliot Green will evaluate your circumstances and handle the legalities of ending your marriage, so you can focus on your own well-being. Call us today at 718-260-8668 to schedule an appointment.