Last Updated on
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.