The difference between annulment, separation, and divorce in New York

Many people assume that divorce is the only way to end a marriage, but there are other avenues for legally ending a union that is no longer happy. In New York, you have the following options:

• Annulment
• Legal separation
• Divorce

Although they all terminate the marital relationship in one way or another, different goals and circumstances are behind each one.

Annulment                                                                       

When you get an annulment, it’s as if the marriage never happened. This option is recommended when there are strong reasons why the union was never legally valid, such as:

• A marriage that was incestuous or bigamous
• A marriage compelled by force or based on fraud
• One party was underage or mentally unable to consent to the marriage

One thing to bear in mind is that since the marriage is regarded as having been invalid from the start, annulling it may affect your right to any marital assets or benefits held  by your former spouse. If you had children together, however, custody and child support agreements may be part of the annulment order.

Legal Separation

Legal separation is not as final as annulment or divorce. You and your spouse live apart and come to an arrangement regarding child custody, alimony, and division of marital debts and assets. Your marital status does not change, however: because you are still legally married, you may not marry anyone else unless you divorce or have the marriage annulled.

In New York, the grounds for legal separation are:

• Adultery
• Abandonment
• Imprisonment for at least three consecutive years
• Neglect of and failure to support one’s wife
• Cruel and inhuman treatment

There is a residency requirement of one year if:

• You were married in New York, and one of you is still a resident OR
• You used to live in New York together, and one of you still resides in the state OR
• The grounds for legal separation occurred in New York

Legal separation is a preferred option for people who cannot get divorced due to religious reasons.

Divorce

Divorce is a legal termination of your marriage. Since New York is a no-fault divorce state, you do not have to prove the reasons for splitting up, nor does your spouse have to agree to it.

You may file for divorce in the state if you and your spouse have a separation agreement and have lived apart for at least one year. You may also claim an “at fault” divorce on the grounds of adultery, cruel and inhuman treatment, abandonment for at least a year, or the imprisonment of your spouse for at least three years. In terms of residency requirements, you are eligible for a New York divorce if:

• The marriage occurred in the state, and you or your spouse has lived there for at least one year OR
• You lived in the state as a married couple, and you or your spouse has lived there for at least one year OR
• You or your spouse has lived in New York for at least two years

With divorce, your marital assets and obligations will be divided and details like spousal maintenance, custody arrangements, visitation, and child support will be developed and finalized.

If you are seeking to annul your marriage or legally separate from or divorce your spouse, then contact a New York family law attorney today. They will give you the advice and guidance needed to start a new life.