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Understanding Annulments in New York

An annulment is a legal way of ensuring that your marriage is null and void. Obtaining an annulment can be difficult, especially because they need to be proof-based. If you feel that your marriage is eligible to be considered null and void, we encourage you to immediately contact the Law Offices of Donald Mastrodomenico, P.C. When you work with a Queens divorce lawyer from our firm, we will help you understand the difference between civil and religious annulments and help you determine if obtaining an annulment is a practical option for you. Our team can also provide you with information on null and void marriages and ensure that all necessary paperwork is completed in a timely manner.

Questions about annulments in NYC? Give us a call now at (718) 268-8111.

What is a Void Marriage?

Void marriages are considered invalid from their inception and are considered to never have been an actual legal marriage. Marriages that took place between relatives or between an individual who is still married may be eligible for this annulment option. Voidable marriages were considered to be valid at the time of their inception but become voidable as the marriage progresses.

Oftentimes, voidable marriages are granted when one spouse was unaware or under false pretenses when they entered into the marriage. In order to determine if your marriage is eligible for any annulment, it is important that you work with an attorney. Even if you were married in a religious ceremony, the state still recognizes your marriage as a legal contract and an attorney should represent you at the state level to ensure that your marriage is legally dissolved.

Legal Grounds for Annulment in New York 

There are certain grounds that need to be established and the court will need to be convinced there is valid reason to make an annulment 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 makes 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 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. Contact our office for capable assistance.

How Long After Getting Married Can You get an Annulment?

In the state of New York, there is no time constraint for annulments. A person may file for an annulment any time after being married, as long as grounds for annulment are present, or they can prove that grounds were present at the time of getting married.

Dissolving a Marriage Through Annulment

In all practicality, annulments and divorces are very similar; both dissolve marriages and legally remove couples from the legally binding contracts of a marriage license. Annulments will not destroy marriage records but can help ensure that you and the state are aware that your marriage was never considered legally valid.

If you have questions or concerns regarding your situation or if you want to learn more about your eligibility for an annulment, do not hesitate to contact a Queens annulment attorney from the Law Offices of Donald Mastrodomenico, P.C. right away.

We offer free case evaluations to all potential clients. For more information on how we can help you with an annulment in NYC, give us a call or contact us online now.

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