What to Know About Annulments in New York
There are some common misconceptions surrounding annulments. For example, some people believe that if a couple has been married for a short enough time, they can simply annul their marriage. This is not the case, in fact, annulment has little to do with the length of the marriage. An annulment can only be granted if the marriage was invalid in the first place. An annulment essentially voids an invalid marriage, making it as though the marriage never occurred. This is very different from the process of divorce, which terminates a legally sound marriage. Read on to learn more about annulments in New York.
What are grounds for an annulment in New York?
An annulment will only be granted if a marriage was invalid in the first place. Some examples of an invalid marriage involve;
- An undissolved previous marriage
- One spouse was underage at the time of marriage
- One spouse is physically incapable of having sexual relations
- One spouse consented to marriage by force
- One spouse consented to marriage by fraud
- One spouse was unable to consent to marriage as a result of drugs/alcohol, mental incapacitation, etc.
Is there a time limit for obtaining an annulment?
There are times when the length of marriage does impact your ability to get an annulment, for example:
- If you are getting an annulment because of a previously undissolved marriage, the annulment can be awarded anytime during the lifetime of the parties.
- If you are getting an annulment because one party was underage, you will have until that party reaches the legal age of consent and cohabitation
- If you are getting an annulment due to mental illness, the annulment can generally be awarded anytime during which illness continues
- If you are getting an annulment due to physical incapacity/impotence, you will have within 5 yrs. of marriage to annul the marriage.
- If you are getting an annulment because the marriage occurred as a result of force, duress, or fraud, you will have within the civil statute of limitations
If you are interested in having your marriage annulled in New York, our firm is here to help. Reach out today to discuss your options.
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