Like divorce, annulment serves as a legal pathway to dissolve a marriage. However, a critical distinction lies in the outcome. While divorce ends a legally valid marriage, an annulment declares that a marriage was never legally valid from its inception, even if it appeared valid at the time. In New York, the law recognizes two categories of marriages eligible for annulment: void marriages and voidable marriages. It’s crucial to understand that even an invalid marriage requires a formal annulment to be legally recognized as such. If you believe you are in a void or voidable marriage, seeking guidance from an experienced Annulment Lawyer Nyc is essential. They can clarify the annulment process and assist with related family law matters like child custody, property division, and child support.
Annulment vs. Divorce vs. Legal Separation: Key Differences
An annulment is a legal declaration by the court that your marriage is not legally valid. Marriages considered incestuous or bigamous are examples of unions that are never legally valid and are subject to annulment. Conversely, a divorce terminates a marriage that was legally valid. Upon finalization of a divorce, both parties regain single status and are free to remarry. Legal separation, unlike both annulment and divorce, does not end a marriage or invalidate it. Parties in a legal separation remain married and are not permitted to enter into a valid marriage with another person.
Grounds for Annulment in New York State
New York Domestic Relations Law, specifically sections 5, 6, and 7, outlines the grounds for annulment, categorized into void and voidable marriages:
Void Marriages: These marriages are considered invalid from the moment they occur.
- Incestuous Marriage: Marriage between close relatives as defined by law is void.
- Bigamous Marriage: If one party is already legally married to someone else at the time of the marriage, the new marriage is void.
- Improper Solemnization: If the marriage ceremony was performed by someone lacking the legal authority to solemnize marriages, it may be considered void.
Voidable Marriages: These marriages are valid until a court declares them invalid.
- Underage Marriage: In New York, the legal age to marry is 18. Individuals aged 16 or 17 can marry with parental consent, and those under 16 require judicial consent. However, if the couple continues to live together freely after both reach 18, the right to annul based on age is waived.
- Lack of Mental Capacity: If either party lacked the mental capacity to consent to marriage due to mental illness or incapacitation, the marriage can be voided.
- Physical Incapacity: If one party is physically incapable of sexual intercourse and was unaware of this condition at the time of marriage, annulment may be granted.
- Force or Fraud: Marrying under duress or based on fraudulent pretenses can be grounds for annulment. Examples of fraud include marrying solely to obtain a green card or falsely claiming pregnancy to induce marriage. However, if the defrauded spouse discovers the fraud but continues to live with their spouse, the right to annulment based on fraud may be waived.
- Mental Illness: If a spouse suffers from incurable mental illness for a period exceeding five years, it can be grounds for annulment.
Issues Addressed During Annulment Proceedings in NYC
While annulment and divorce differ in their legal basis, they share similarities in the issues addressed during legal proceedings. Similar to divorce cases, an annulment proceeding in New York can resolve matters such as:
- Spousal Maintenance (Alimony)
- Division of Marital Property
- Child Support
- Child Custody and Visitation Rights
Why You Need a New York City Annulment Lawyer
If you believe your marriage is invalid and are considering annulment in New York City, seeking experienced legal representation is crucial. While both divorce and annulment legally terminate a marriage, the legal and evidentiary requirements for annulment are significantly more complex and technically demanding than those for divorce. Navigating these complexities requires the expertise of a skilled annulment lawyer NYC. An attorney specializing in annulments in New York City can guide you through the intricate process, ensuring your rights are protected and advocating for the best possible outcome in your case.
Contact a Knowledgeable Annulment Lawyer in NYC Today
If you are facing questions about the validity of your marriage and are exploring annulment in New York City, the Law Offices of Stephen Bilkis & Associates provides experienced legal counsel. Our team has a proven track record of successfully assisting clients with annulments, divorces, legal separations, and various other family law matters. Contact us today at 800.696.9529 for a free, confidential consultation to discuss your situation with a qualified annulment lawyer NYC. We serve clients throughout New York City, including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties.
