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For one to go through a divorce, they will have spent lots of time stressing and being unhappy in their life. Sometimes it is inevitable and is for the best; without the best lawyer, you will be stuck in life that is more of a pain than happiness. The same case happens with marriage annulment. Marriage, depending on various circumstances, can be considered null and void. This means that it has been determined to be invalid and deemed to have never taken place. The Domestic Relations Law Section 140 and sections 5 through 7 provides a detailed ground for one to have marriage annulled.
Why has your marriage annulled?
If your marriage is marred by issues that eat away your feelings and leaves no room for personal development, dissolving the marriage will come in handy. The court will treat the marriage as if it never happened, to put a stop to your problems. If you have children, the court will also make support and custody arrangements because the children born of an annulled marriage are legitimate and paternity rights remain intact .
Marriages can be annulled if they are void or because of various circumstances.
The following are cases of void marriages:
Incest: Marriage between close family members like brother and sister or aunt and nephew among others. This is incestuous, and the marriage is void.
Bigamous unions: Refers to a situation where there is a union, but one is still married to a different person at the same time.
Physical Impairment: Although not common in many states, the NY law considers it void especially if the disability is incurable and affects sexual ability.
Underage marriages: If both parties got married when they were below 18 years of age, the judge would discreetly annul the marriage if the minor partner requests for it.
Another void marriage occurs as a result of incurable madness where one feels like he or she is putting more into a union that is futile, and being forced into a marriage without your willingness or consent. The court also considers fraud marriages or a union based on misrepresentation where one lies about things like an actual marriage or impotence as void. All these calls for annulment.
Why do I need a bronx, annulment lawyer?
One needs a lawyer to argue their case in the event that they were put in a union under situations that conspicuously dictated that they shouldn’t be in it. Here, the civil annulment, if successful, will treat the union as if it legally never happened. Although, there should be a provision of sufficient grounds for this to go through. That’s is why you need a bronx lawyer.
When you enter into a marriage, it is in your best interest to fully know who your spouse is. If you enter into a union with someone, let’s say, who is married to another person and you don’t have knowledge about it, it means they lied. This will be considered a fraud case or a misrepresentation. If also the spouse entered into a marriage to acquire citizenship or being unable to conceive, the same lies will lead to marriage annulment. A prior knowledge of these factors will not result in a union. To argue your case and prove the above mentioned is true, you need a lawyer.
Sometimes a person enters into a marriage without their consent. Cases of arranged marriages is a good example. If a partner was not in the right mind, was mad or was intoxicated, or was forced into a marriage, these will be the grounds for a possible annulment. The marriage will be annulled because entering into a marriage requires a voluntary action and coercion whatsoever is not allowed.
Impotence Or Incest
As earlier mentioned, incestuous marriages are void. They provide grounds for a marriage to be annulled. This is because of the two involved parties who are too close entered into a union unknowingly.
Also, if a spouse isn’t able to conceive children, and is incurably impotent, if the union was registered for the sole reason of having children, the marriage will be dissolved only if one party entered in to the union without knowing that to be the case.
In the event of a religious annulment, sufficient evidence is required to prove that motivation, the engagement of an appropriate marital community, honesty among others is mandatory. You need a lawyer here because the procedure is not the same as in the civil annulment. The religious faction is the one to decide if the annulment should be granted or not. For example, the diocesan tribunal can grant an annulment, and both partners can again remarry in the Catholic Church.
Should you feel that you have sufficient reasons for wanting to dissolve your marriage, contact bronx annulment lawyers who will aid you in the appropriate procedures for proper identification of the grounds for annulment. They will help you make the necessary documents for a successful case. This is because of many allegations that will arise and may hinder the process.
In an annulment, a court declares a marriage to be invalid. A divorce accomplishes the same end as an annulment in bring the marital relationship to an end. However, a divorce presumes that the couple had a valid marriage under New York law. Thus, the grounds for a divorce differ from those for an annulment. Further, your church or other religious organization may not allow or recognize a second marriage by you unless a court has annulled the first one.
If you’re contemplating how to terminate your marriage, consult one of our Bronx annulment lawyers to determine your eligibility and your options in seeking an annulment.
The New York Domestic Relations Law §140 sets out the grounds for obtaining an annulment:
•Bigamy: A bigamous marriage is one where one of the parties has a living spouse and that previous marriage remains in force. That is, the parties in the prior union have not divorced or obtained an annulment of it.
•Party below age of consent: A court may annul a marriage where one of the parties did not reach age of consent at the time of the purported marriage. In New York, the age of consent now stands at 18 years of age. A party who is age 17 years old must get permission from the parents or the court. Those under the age of 17 are deemed to lack the ability to consent to marriage. However, a court will not annul a marriage if the underage party reaches age 18 and continues to live with the spouse as if married.
•Fraud, force or duress: A fraudulent marriage typically involves a false statement to induce one party to marry another. Such false representations may involve pregnancy or a stated desire to have children when, in fact, the inducing spouse does not want children or knowingly cannot have children. Also, a marriage whose purpose is to secure status for a spouse as a legal immigrant in the United States may be annulled as fraudulent. However, a court will not annul a marriage based on force or duress if the parties, before the annulment lawsuit, voluntarily live together as spouses. Also, where one party voluntarily lives with the other knowing fully the facts constituting the fraud, a court will not annul the marriage.
•Physical Incapacity: New York Domestic Relations Law §140(d) provides that an incurable physical inability of a spouse to have sexual intercourse may render a marriage voidable. Where the party who lacks the ability seeks the annulment, that party must show that he or she did not know about the inability or that the condition was not curable. A party relying on physical incapacity for annulment has only five years after the date of marriage to start the lawsuit.
•Mental Incapacity: This ground refers generally to at least one of the spouses being mentally retarded or mentally ill at the time of marriage. Under New York Domestic Relations Law §140(c), the mentally incapacitated party or a family member or relative with an interest in avoiding the marriage can ask for its annulment.
•Incurable Mental Illness Lasting Five Years: A court can annul your marriage if your spouse has an incurable mental illness that does not end in under five years, under New York Domestic Relations Law §140(f).
An annulment does not extinguish all aspects of the marriage that has been declared void. Generally, children born during the parties’ marriage are deemed legitimate. An annulment does not undo such legitimation. (New York Domestic Relations Law §24). As a result, the parties to an annulled marriage may seek custody of the child and retain the legal duty to support the child.
Further, the parties can have property acquired by the parties during an annulled marriage divided just as can parties in a divorce. Under New York property division laws, sometimes referred to as “equitable distribution,” courts classify property as either “marital” or “separate.” One of our Bronx annulment lawyers can help you determine your rights to specific property as you seek to annul the marriage.
While annulment and divorce achieve generally the same legal end, you may have reasons for choosing one over the other. Our Bronx annulment lawyers stand ready to aid you in deciding whether to pursue an annulment or divorce.
This article is by DelanceyStreet.com, a funding solution. The answer to whether you can obtain an annulment because your spouse was deported depends on the circumstances. An annulment is the act of legally voiding a marriage. This means according to New York law, you were never married. It is different from a divorce. A divorce is the legal end of a marriage. New York recognizes your marriage happened and that it is ended. You are free to marry someone else. According to Todd Spodek, our founding partner at our law firm, annulment is extremely difficult to get.
Annulment can Only be Obtained in New York because of Specific Circumstances
In New York, you can obtain an annulment under specific circumstances. For instance, a marriage is automatically voided by the state if blood relatives marry or your spouse was legally married to someone else at the time of your marriage. If you have a void annulment, you are not required to go through the legal steps to get the marriage annulled.
Voidable marriage are marriages based on something people wrong. New York has a specific list of reasons you can go through the legal steps of voiding your marriage. They include:
• You or your spouse was underaged at the time of your wedding. You cannot marry if you are younger than 18 years old unless you have your parents’ permission. If you are under 14 years old, you cannot marry with or without your parents’ permission.
• Mental illness. You or your spouse are incapable of understanding a marriage commitment. Also, you or your spouse has some mental defect that is not curable that will interfere with the marriage.
• Your spouse forced you to marry them
• Your spouse coerced you to marry them.
• Your spouse is impotent. Your spouse hid the fact they could not have sexual intercourse until after the wedding ceremony.
• Your marriage is based on a fraudulent act. This means your spouse committed fraud. This is not the criminal fraud, but a misrepresentation of fact.
You May Obtain an Annulment based on Fraud if You Did not Know about Your Spouse’s Immigration Status
Whether you can obtain an annulment often depends on whether if the circumstances involved one of annulment grounds. If the circumstances surrounding your spouse’s deportation was based on fraud, you may be able to obtain an annulment.
For instance, if your spouse lied about their immigration status, they have committed a fraudulent act. They may have told you they were a legal resident, but were not. If you knew they were not a legal immigrant at the time of your marriage, you may not use fraud as a ground for annulment.
Elements You Must Prove to Obtain an Annulment based on Fraud
To obtain an annulment based on fraud, you must prove to the state court:
• There is preponderant evidence fraud occurred. This means that more likely than not your spouse lied to you or omitted the truth to get you to marry them.
• You would not have married them if you knew about their illegal status or that they lied to them
• The annulment was file within two years after you discovered the fraudulent act
• You stopped living with your spouse after discovering the fraud
Contact a Family Law Attorney in New York Immediately for Help Ending Your Marriage
Your spouse is being deported. The federal government may have already deported them. If you think you can obtain an annulment, contact us. If you do not know whether you can end your marriage via an annulment, contact us.
Based on the information you tell us about the circumstances surrounding your marriage, we will determine how you can legally end your marriage. If circumstances make you eligible to end your marriage via a divorce, we can use abandonment as grounds to end your marriage.
You are not alone in this. We are here to help you take the next step in ending your marriage. Contact us immediately for help.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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