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Grounds for an Annulment

Unlike a divorce, an annulment will actually declare the marriage is not valid. There are a number of reasons why this may be pursued by a couple, including that it can be less costly and time consuming. While there may be reasons that a couple or the individuals in the marriage wish to have an annulment, it is necessary to understand that not everyone can pursue this option. There are certain grounds that need to be established and the court will need to be convinced there is valid reason to make this ruling. Under the New York Domestic Relations Law, the grounds for an annulment are as follows:

  • The consent for the marriage to take place occurred under duress, fraud or force. This may include a party claiming that they are pregnant when they are not.
  • A spouse has become incurably mentally ill and the illness has lasted for a period of five years or more. Any relative can seek the annulment during the time that either spouse is alive.
  • A spouse was under the age of 18 at the time of the marriage. This may include that both parties or only one of the individuals was under this age when the marriage took place.
  • A spouse has a mental incapacity which made them unable to consent or understand the nature of the marriage.
  • A spouse has a physical incapacity which make them unable to have sexual intercourse. The annulment will need to be sought by either party within five years from the date they were married.

For those who are considering having their marriage declared as invalid, work with a Queens divorce lawyer throughout this process. You will need to establish the grounds for your annulment and this can be more challenging than establishing the grounds for divorce. Call our office for capable assistance.