When seeking an annulment in New York, there are a number of rules and guidelines that you might not be aware of, which pertain to a wide range of situations that you might encounter in the future. If you believe that you would like to remarry in the future, it's important to be aware of the laws associated with remarriage after an annulment. Understanding these laws before you get your marriage annulled might keep you from becoming frustrated later on.
Getting An Annulment in New York
In many ways, an annulment is very similar to a
divorce in the state of New York, given the fact that it puts an end to the marriage at hand. Despite these similarities, an
annulment goes further than a divorce by stating that the marriage is invalid altogether, which is made through a court order, meaning that the marriage technically didn't occur. When you're attempting to obtain an annulment, there are five grounds for doing so that are recognized by the state of New York, including when:
- One or both of the spouses were unable to consent to the marriage due to a mental condition
- One or both of the spouses were under the age of 18 when the marriage occurred
- The consent given by one of the spouses was made under duress, fraud, or coercion
- Either spouse is unable to engage in sexual intercourse
- Either spouse was mentally ill for at least five years and this illness was incurable
If one of these grounds of annulment applies to your marriage, you will be required to prove this in a court of law, which can be accomplished with the assistance of a
divorce attorney, such as ours at Spodek Law Group. To get an annulment in New York, a trial and hearing will need to take place before a judge, which will require a large amount of paperwork to be filed in order to prove that your
marriage applies to one of the aforementioned grounds of an annulment. These grounds can also be proven by eyewitness accounts, although these accounts will usually need to be accompanied by some paperwork. Your attorneys will be able to fill out any of the necessary paperwork in accordance with the annulment, allowing you to more clearly focus on the matter at hand.
You should also be aware of the fact that there is a time limit when
filing for an annulment that applies to each type of annulment. For instance, if one or both of the parties was under the age of 18 at the time of the marriage, they will have until the
legal age of consent to file for an annulment. On the other hand, if one spouse was physically incapable of having sexual intercourse, it's possible to seek an
annulment within five years after the marriage started if the other spouse was unaware of this condition. Before you start working on the annulment, make sure that you check the
time limit for your specific annulment type.
Can We Remarry If Our Marriage is Annulled?
When you wish to have your
marriage annulled, you should know that it's 100 percent possible to be remarried once the annulment has been provided to you, whether to the same person a few years down the line or to another individual. There is no situation in where an individual is unable to marry again after their first
marriage is annulled, as this court order deems that the marriage didn't even occur in the first place. There's no additional paperwork to fill out and you won't be required to go through extra hurdles when attempting to get married in the future.
If you believe that an annulment is right for you and would like to get started on the process, call us today at Spodek Law Group to schedule an initial consultation.
Do I qualify for an annulment if I felt pressure into marrying him?
A marriage annulment is similar to a divorce. It ends a marriage. An annulment can be more complicated than a divorce. It requires an
order from a court that makes the marriage void or invalid. Once this is granted, it is as if the marriage never occurred. There are individuals who want to have an annulment because they do not want to have the stigma associated with being divorced.
Legal vs. Religious
Civil annulments are granted as part of a legal procedure, they have nothing to do with a religious annulment. Only clergy or a church can grant a person a religious annulment. These types of annulments will not have any impact on a person's legal marital status.
Time Limit
In the
state of New York, there is no time limit requirement for obtaining an annulment. This is because the
marriage is not deemed to be valid. No matter how much time passes, it won't make it a valid marriage. The grounds for an annulment will always have to be established.
Grounds
The state of New York acknowledges five different grounds for people to be granted an annulment for their marriage.
*At the time of the marriage, one or both of the spouses were under the legal age for being married.
*Consent for the
marriage was given because of fraud, duress or coercion
*At the time of the marriage, one or both spouses could not legally consent to marriage
due to mental incapacity.
*Prior to the marriage one spouse suffered from incurable mental illness for a period of five years.
*One or both spouses is not physically capable of engaging in sexual intercourse.
Underage
There are certain legal considerations when one or both spouses are underage at the time they enter into a marriage. It is grounds for annulment. Should one or both of the underage spouses continue to freely cohabitate together after reaching the age of consent, the grounds for an annulment because of being underage is waived.
Sound Mind
It is possible for a court to annul a marriage because one of the spouses is determined to have incurable insanity. Should the spouse with the mental illness have a period of being of sound mind, and both spouses continue
living as a married couple, the marriage is legally ratified. Any grounds for an annulment based on mental illness are then waived. This is the case even if the mental illness of one spouse returns.
Fraud
One of the accepted grounds for annulment is fraud. This can be waived by the couple if they continue to cohabitating after the
fraud of their marriage is discovered. Should an innocent spouse uncover fraud and not separate or live apart from the spouse who committed the fraud, it may be waived. Doing this is considered ratifying the marriage by the innocent spouse. This will eliminate
fraud as grounds for an annulment of the marriage. Fraud could include a number of different situations.
*Intentionally marrying someone for the sole purpose of obtaining a green card for immigration status.
*One spouse claims they want to have children but have no intention of having children.
*Claiming a pregnancy as motivation for someone to agree to a marriage.
Duress
Should a couple voluntarily cohabitate after marriage as husband and wife, they can't annul their marriage on the grounds of duress or force. This is not permitted in the state of New York.
Marriage Annulment Process
In order for a couple in New York to have their
marriage annulled, it will require a trial as well as a hearing in front of a judge. With an annulment, the grounds for this legal
action must be proven in court. Paperwork must be filed with the court. Evidence proving the grounds for annulment will have to be presented. This could include witnesses as well as documents and more.
Children, Support After Annulment
When an annulment is granted in New York, the marriage is voided. This legal action does not change the legitimacy of any children conceived during the marriage.
Any children who are born during a time when the parents are considered in a lawful state of marriage are considered legitimate. This is the case even if a
marriage is annulled.
Child support or child custody will not be affected if an annulment is granted. It is considered an establishment of paternity.
An annulment will end a marriage like a
divorce. An annulment is different, it voids the union between the two married people. It is only authorized in limited circumstances. Should anyone believe they have grounds to have their
marriage annulled, they should contact a New York attorney. They will know if a marital situation meets the requirements of an annulment and how best to move forward with it.
