An annulment occurs when a court declares a marriage to be invalid.
In terms of the law, it is as if the marriage never occurred in the first place. To be eligible for an annulment, there are several obligations that must be met.
A seasoned New York City Annulment Lawyer can help you with the proceedings. Annulments may be recognized in any of the following situations:
- One spouse is unable to have sexual intercourse and the condition is incurable. The spouse has to prove that the condition was not known about prior to the marriage.
- One spouse was not of legal age at the time of the marriage. However, if the underage spouse was living with their partner after 18, they will not be eligible for an annulment.
- A condition of “incurable insanity” was declared for at least five years after the marriage.
- At the time of the marriage, one of the spouses was unable to give proper consent as a result of mental incapacity or other reasons. This means they were unable to understand the concept of the marriage and its effects.
- The spouse was forced to marry or was under duress.
- The marriage was consented to fraudulently, though there is statute of limitations of three years on this requirement.
Additionally, some marriages will be automatically voided (this is different than an annulment). Marriages that will be automatically voided include incestuous marriages, bigamous marriages, and marriages that were not properly declared. Though these marriages are automatically void, spouses can still seek a formal declaration to carry out orders and enforce rights.
How to Get an Annulment in New York City
When seeking an annulment, spouses must go through a series of steps to complete the decision. Annulments can become complicated and often require proof of certain allegations. Therefore, it is best to seek a competent New York City annulment lawyer in who can assist you in the process.
To fulfill an annulment, parties must first determine the type of annulment for which they qualify and submit a petition. After the petition is signed by a third party and both spouses, it must be delivered to the court who will then issue a hearing. During the hearing, spouses will be required to provide proof that supports the claims of the annulment. During the hearing, the court will decide upon the rights of the spouses following the annulment.
Just like a regular divorce, the court will decide upon matters of property and asset division, alimony, child custody and support, and other proceedings. Most annulments are filed on the grounds of fraud. This claim, though, must be substantiated by various documents. The marriage itself is deemed fraudulent, not a particular person. The courts require the spouses submit a separate document that corroborates the claim. Once the grounds for annulment and arrangements of finances, property, and children are set, the court will finalize the decision.
A Competent NYC Annulment Lawyer
If you are seeking an annulment of your marriage in New York City, contact the law office of Vivien I. Stark, P.C. today. She has over 30 years of experience as a divorce and family law attorney in NYC and surrounding communities. She has been recognized as a top contributor and a top divorce attorney by Avvo and has superb customer satisfaction ratings. She is also an accredited member of the Better Business Bureau.
Vivien I. Stark represents her client’s rights with tenacity and tact. She keeps the best interest of her clients and their children in mind at all times. Working with an experienced annulment attorney like Vivien I. Stark can help divorcing couples reach their desired outcomes quickly and affordably.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.