04 Sep 16

How to get an Annulment

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You can get an annulment if you want to have a court get involved, and declare that the marriage isn’t valid. Hypothetically, you can petition for an annulment when you first get married. There are five main reasons why you can ask for a marriage to be annulled.

Too young: If someone under the 18 wants to marry, he/she needs the consent of both parents. Marriage of a person under 16 needs the approval of a judge. If the requirements aren’t met, then the spouse whose still under 18 can get an annulment.

Lack mental capacity: If you, or the spouse, was/is mentally ill, or isn’t in the right mental capacity at the time of the marriage – then the marriage can be annulled for the reason while either spouse is still living.

Lack of physical capacity to consummate: If you or your spouse is physically unable to have sex, but didn’t know so at the time of the marriage, then the marriage can be annulled. In order to get this type of annulment, you must do so within the first 5 years of the marriage.

Consent received by force of fraud: If you went into a marriage due to pressure, force, or fraud, you can get an annulment. For example, if someone married you just to get a green card – that would be an example of marriage fraud. If someone claimed to be pregnant in order to get you to agree to a marriage, that’s another example. Another example would be claiming your spouse wants to have children – but then doesn’t.

Incurable mental illness: If your spouse is mentally ill for a period longer than 5 years, and can’t be cured, you can ask for an annulment.

When a marriage is annulled, it’s null and voided. That means it never existed. The record of both the marriage and annulment remains, but you and your spouse can act as if you were never married before. Any of the children from your marriage is legitimate. After your annulment, there are somethings to consider and think about

Children: Any children you and your spouse have must be considered. When the marriage is annulled, the court will make a decision on custody rights, visitation rights, and the financial support of the children involved.

Division of property: The court will decide on how property will be divided between you and your spouse.


If you and your spouse decide getting an annulment is a good idea – then we encourage you to contact our NYC divorce lawyers. Our annulment attorneys can help file an annulment, and help you figure out how to handle issues like child support, and other such things.


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