Marriage annulment in New York

Divorce is not the only way that a marriage may be ended in New York. There is also a process called annulment, which renders your union “null and void”’ and, from a legal perspective, means that you were never married to the other party in the first place. In that respect, it differs from divorce, which dissolves a marriage that didn’t work out.

In New York State, you may seek an annulment if any of the following circumstances apply to the marriage:

• One partner was underage when the marriage took place (does not apply if they continued to live with their spouse after they turned 18)
• One partner is permanently unable to have sexual intercourse (and the other spouse was not aware of it beforehand)
• One partner was declared “incurably insane” for at least five years after the union
• One of the partners was unable to consent to the union due to mental incapacity or similar reason
• The marriage was coerced or took place under duress
• One partner agreed to the marriage under fraudulent circumstances: for example, the other spouse falsely claimed to be pregnant or want children (there is a three-year statute of limitations on this circumstance)

Some types of marriages will automatically be declared void, such as bigamous or incestuous unions and marriages that were not declared properly. This is not the same thing as an annulment.

Annulments can be requested by one of the spouses or, in the case of an underage or mentally incapacitated party, by his or her parent or legal guardian. A petition must be submitted to the court, which will then arrange a hearing. During this process, the couple will be required to provide evidence that supports the annulment request.

If the court decides to grant it, then the process becomes similar to a divorce in that the judge must rule upon matters of property and debt division, child custody, maintenance, and other, related, matters. After these decisions are made, the annulment will be finalized, and both parties are legally free to marry again.

It is important to note that civil annulment differs from religious annulment. Anyone married in a religious ceremony should consult a member of their clergy about obtaining an annulment that will enable them to marry again in the same faith.

If you feel that annulling your marriage is warranted given its circumstances, then contact a New York family law attorney who can guide you through the procedure of identifying the grounds for annulment and creating the necessary paperwork. Annulments can be a tricky undertaking and frequently require you to prove certain allegations. Your attorney can assist you in documenting the evidence needed to support the claims. Eskin & Eskin, P.C. is a family law firm for family law matters. Our attorneys have more than 40 years of combined experience and have represented many highly satisfied clients in New York Supreme and Family Courts. To set up a free consultation, contact our office at 718-402-5204 or visit www.EskinAndEskinLaw.com.