Yes, you can obtain an annulment if your spouse did not use their real name. Whether you will obtain an annulment depends on various factors. An annulment is the act of voiding a marriage. The law allows you to treat the marriage as if it never happened. The state does not permit every marriage couple of obtain an annulment.
In New York Fraud is a Basis for an Annulment
The state requires a couple wanting to get married to do so according to free will. This means they are not forced into a marriage with spouse they do not know or love. It is also against New York to marry someone under false pretenses.
False pretense is the act attempting to or deceiving a person about an important fact. The deception stops you from making the decision in the situation. The person does not have to blatantly deceive you. Instead, they can misrepresent facts, omit the truth or let you believe a fact is true. An example of false pretense includes getting married under a different name.
Fraud is a common ground for an annulment. Fraud is claiming some sort of deception on a spouse’s part. This means they do something to deceive you.
Steps to Annul a Marriage because of Fraud in New York
Some annulments are automatically voided by the state. This are considered void marriage because they are against the law. These include incestuous relationships. Other voidable marriages like someone using another name when getting married can only be annulled by going through a series of legal steps.
Annulments are complicated. For instance, the first step in getting an annulment is determining the grounds of the annulment. In this situation, the grounds for annulment would be the spouse using another name when getting married.
The grounds for the annulment must be included in the annulment petition. An annulment petition must be signed by a third party and both spouses. It must be given to the New York family court. The court will assign an annulment hearing.
During the hearing, each spouse is required to provide proof supporting the grounds for an annulment. The court will then determine which spouse has enough legal support to be awarded an annulment.
Other Marriage Issues are Decided during a New York Annulment
You obtain an annulment at any time during your marriage. This means you can obtain an annulment after being married for 20 years and having five children with the spouse. If you have issues that would arise during a divorce, the court will resolve those issues. These includes include, but are not limited to:
• Child custody
• Child support
• Property and asset division
You and your spouse can work on these issues together and find common ground. The court will allow spouses wanting an annulment to make the decisions for themselves.
After all annulment issues are resolved, the annulment is finalized. That is the last step. In the eyes of the law, you were never married.
Contact a Family Law Attorney Regarding Your Annulment in New York
Annulments filed based on fraud must include evidence so the court will grant the annulment. Typically, claiming fraud must be substantiated by various documents. For instance, it could be a birth certificate for a spouse who married using a different name. This does not mean your spouse committed a criminal act. It means your marriage is based on fraud.
If you have questions about whether you are eligible for an annulment or you are ready to file an annulment petition, contact us. We are attorneys who are knowledgeable in the New York annulment process. We understand the steps required and proof needed to obtain an annulment.
Contact us immediately. We want to help you. We have represented many clients seeking an annulment. We have also represented clients who were not eligible for an annulment, but sought a divorce instead.