10 Oct 17

Can our marriage be annulled if it was never consummated?

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No, you may not obtain an annulment if the marriage was never consummated. Of course, there is one exception to the rule. Typically, to enforce a marriage, you and your spouse must have sexual intercourse after the wedding. In other states, if this does not happen, you can obtain an annulment.

An annulment is the act of voiding a legally valid marriage. It means the marriage never happened. You can go on to marriage someone else and consider that you first marriage. In New York, annulment falls into two basic categories: void categories and voidable marriages.

A Void Marriage is not Legal in New York

A void marriage is not legal in the state of New York. This means they are automatically void by state law. Marriages that fit into the void category include:

• Incestuous Marriage: This is a marriage between people who are related. It includes a brother and sister of either half-blood or full blood, an aunt and nephew or uncle and niece.
• A Deceased Spouse who is Alive: In this situation, a spouse thought their spouse was dead, but finds out later they are alive. This marriage would be void.
• A Sexual Act Occurred During the Marriage: If an individual solemnized in violation of New York DRL 11, that spouse could have their marriage voided.

Voidable Marriage are Legally Valid in the State of New York

The second category of annulments include voidable marriages. A voidable marriage is a legally valid marriage that can be terminated for a specific reason. It means the marriage is not annulled until you take the formal steps to make it happen.

To obtain an annulment for a voidable marriage, your marriage must fit into one of the following categories:

• Incurable Mental Illness: You or your spouse have a mental condition that will warrant an annulment
• Incapable of Consent: You or your spouse has a mental illness that does not allow you to understand you are making marriage commitment
• Underage: You or your spouse cannot get married because you are not the age of consent. The age of consent in New York is 18 years old. If you are between the ages of 15 and 16 years old, you must have the consent of your parents. Minors under the age of 14 years old cannot get marriage with or without parents’ consent.
• Force, Duress or Fraud: A marriage must be entered to because you and your spouse have the free will to do so. There is no fraud or false pretenses.
• Impotency: The inability to consummate the marriage makes the marriage voidable. The spouse must have an incurable condition aside from being sterile. This means that you can obtain an annulment if you never consummated the marriage. However, you or your spouse must have an incurable condition that causes impotency.

You can Seek a Divorce in New York if Your Marriage was Never Consummated

If your marriage situation does not include grounds of impotency and you cannot get an annulment, you make seek a divorce. A divorce is the legal end of a marriage. It can be done by the state of New York to be valid.

Grounds for divorce include:

• Abandonment: Your spouse abandoned you by physically leaving you
• Cruel and Inhuman Treatment: Your spouse subjected you to physical and emotional abuse
• Adultery: Your spouse cheated on you
• Separation: You and your spouse broke up, but not you want to legally end the marriage
• Irretrievable Breakdown: Your marriage is broken and cannot be repaired

Contact a Family Law Attorney about Ending Your Marriage

You want to end your marriage, but you are not sure if you can get an annulment or not. Contact us. We will listen to your side of the events to determine if you are eligible for an annulment or must seek a divorce.

You are not alone in the decision to end your marriage. We are here to advice you.

How do I get my marriage annulled by the church?

The decision to get married has multiple consequences. Most couples have a wedding that is sanctioned both by civil and their private religious authorities. Those who choose to get married in accordance with the rules of the Catholic church may face specific obstacles if they choose to dissolve the marriage. Anyone planning this course of action should be aware of the steps necessary to get what is known as an annulment. An annulment is an actual agreement from the church that the marriage never happened. The annulment means that the person is not considered married in the first place and may decide to marry with the full sanction of church officials. People who have been through a legal divorce may be looking at this option once they decide they would like to get married again. Any party seeking this course of action should keep in mind that any annulment is entirely up to church officials. It cannot be ordered by any outside source including the American judicial system. All those seeking this course of action should also keep in mind that the annulment cannot serve as a substitute for a divorce. That is a matter for the courts to settle legally.

Orthodox and Roman Catholic Churches

Different religions have differing laws in regards to an annulment. Two churches that have a highly formal procedure for the annulment are the Orthodox and Roman Catholic churches. Anyone seeking an annulment can begin by contacting the church and letting them know they would like to have an annulment. The process continues as people stand in front of church court that is designed to seek out the facts related to their original marriage. The spouse that is requesting the annulment will be asked to present all of their evidence as to why they are entitled to this course of action. Church officials do not require the other person to be present at this time. They do not require the person seeking the annulment to even notify the other party that they have decided to do so. The other spouse is not required to present evidence as to why the annulment should not be granted. Church officials will careful examine the evidence presented and then make a ruling. The ruling may be quick or may take some time to complete. Any ruling issued by this religious court is considered valid in other courts. For example, if the person seeks an annulment in a Roman Catholic church in New York, that annulment applies to all locations. Under church laws, church officials in a different location cannot refuse to admit the validity of that divorce in their parish. The parish priest also cannot refuse to agree to marry the person in a religious ceremony.

Other Types of Annulment

Other religious organizations also offer a form of annulment that is similar to that offered by the Roman Catholic and Christian Orthodox church. The Church of Latter Day Saints or Mormons discourage divorce. However, they have what is known as an unsealing procedure. This only applies to women not men. In Islam, a man may easily choose to divorce a woman without necessarily resorting to a court system. At the same time, a woman has the right to speak to a religious court. She can ask the religious court to agree to annul her marriage. This is not an automatic right. It may only apply in certain circumstances. Protestant churches do not recognize an annulment. The same is true of Judaism. Jews who marry religiously have what is known as a ketubah or religious agreement. This agreement can be broken and serves as a form of divorce.

Legal Help

Any kind of annulment does not have the force of law behind it. All issues related to the divorce such as custody arrangements, the division of property and an agreement for child or spousal support cannot be worked out this way. They must go through the formal court system in order to be resolved. The annulment is largely a personal and religious matter with little application to the process of legal divorce. However, it can help couples work things out in other ways. A couple may prefer to have an annulment rather than a legal divorce. In all cases, it is to speak closely with a legal expert during any kind of annulment, separation and divorce proceedings. They can help the client determine the legal course of action for their desired results.

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