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An annulment terminates a marriage. It is as though the marriage never existed. A civil annulment and a religious annulment are the 2 types of annulments in the United States. A civil annulment is a court order that voids (invalidates) a marriage. The Supreme Court of New York (a general jurisdiction court) issues the judgment. A diocesan tribunal of the Catholic Church issues a declaration of nullity. Here is some information to help you understand civil and religious annulments:
Basic Process of Civil Annulment
If you want a civil annulment, it is best to get the advice of an annulment lawyer. The legal professional will know the state law requirements for an annulment. An annulment lawyer will help you determine if a civil annulment is the best option for you.
Each state has its own particular rules and regulations about civil annulments. The majority of states do have basic processes for obtaining a civil annulment:
A report by the Centers for Disease Control and Prevention (CDC) states that there were 813,862 annulments and divorces in the United States. Civil annulments and divorces have one thing in common; they both end marriages. There are some differences in these 2 types of legal procedures. A civil annulment does not acknowledge the existence of a marriage. A divorce still recognizes the marriage after it ends. After an annulment, each party will have the same financial status as before the marriage. Finances often cause delays in obtaining a divorce.
Sometimes a court does not grant an annulment. The parties may be able to proceed with a divorce proceeding. Some states require parties to fill out new documents for a divorce. Legal professionals will help parties decide the steps for a civil annulment or divorce.
Grounds for a Civil Annulment
Every state has its own various grounds for civil annulments. There must be some justifiable reasons to obtain a civil annulment. You also have to be the injured party. This is why it is important to have representation from a civil attorney. A legal professional can help you decide which grounds meet your circumstances.
There are 2 types of marriages in the State of New York, which have grounds for an annulment. These are void and voidable marriages. A void marriage is invalid from the start of the matrimony. Here are some examples of void marriages:
An incestuous marriage occurs when spouses marry while knowing they are close relatives. Here are some types of incest:
• Whole siblings
• Half siblings
• Aunts or uncles
• First cousin
Bigamy is another act. A person weds someone, but he or she is still married to another person.
A voidable marriage is a legal marriage. This type of marriage can receive an annulment based on the following grounds:
One ground is a lack of consent. A person does not have the mental capacity to understand they are getting married. Here are some examples of lack of consent:
Some other grounds are fraud and misrepresentation. The grounds occur when a spouse lies about something. The truth is important for the survival of the relationship. Here are some examples of fraud and misrepresentation:
• Stating able to have children when not possible
• Marrying to become a citizen
• Not truthful about their legal age to marry
Another ground is concealment. A spouse hides an important detail about their past or present life. These are some instances of concealment:
• Prison conviction
• Children from a previous relationship
• Mental illness
• Drug abuse
A spouse needs to talk to an annulment lawyer for any questions they have on waiving grounds. A spouse can waive certain grounds in the State of New York:
• Underage spouse cohabitates with spouse past age of majority
• Maintains living with spouse after finding out about fraud
• Cohabitates with mentally ill spouse during state of sound mind
The Catholic Church calls an annulment a “declaration of nullity.” Catholic World Reports state that there were 35,009 declarations of nullity in the U.S. in 2007. The Catholic Church has requirements for a marriage to be valid. If a spouse falls short of one or more of the requirements, the Church can issue a declaration of nullity:
• Free to marry
• Can consent to marry
• Volunteers to consent
• Intends to stay married
• Good objectives toward each other
• Marries in presence of 2 witnesses and authorized Church minister
Contact Queens Annulment Lawyers for information on annulments. The attorneys will be able to answer your questions. The legal professionals will also give you sound advice.