Marriage Annulment in New York
by SKU
Published: Feb 11, 2023 | Updated: Feb 11, 2023 |
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Annulment - New York
Marriage annulment in New York is a legal process that involves ending a marriage in a way that treats it as though it never existed. Unlike divorce, which dissolves a valid marriage, an annulment declares the marriage void and of no legal effect. In New York, annulments are granted based on certain specific grounds.
Grounds for Annulment in New York
- Lack of consent: If either spouse was under duress, force, or lacked the capacity to consent to the marriage, an annulment can be granted.
- Incest: Marriages between close relatives, such as siblings or first cousins, are not valid in New York and can be annulled.
- Bigamy: If either spouse was already married to another person at the time of the current marriage, the current marriage can be annulled.
- Mental incapacity: If either spouse was mentally incapacitated at the time of the marriage, an annulment can be granted.
- Physical incapacity: Either spouse is physically unable to have sexual intercourse.
- Fraud: If either spouse misrepresented themselves or concealed important information in order to induce the other spouse into the marriage, an annulment can be granted.
In order to obtain an annulment in New York, the requesting spouse must file a lawsuit in the Supreme Court of the State of New York. The court will review the evidence and make a determination as to whether the marriage can be annulled. If the annulment is granted, both parties will be free to remarry.
It's important to note that annulments are not always easily granted, and the process can be complex. It's recommended to consult with an experienced divorce attorney who can help guide you through the process and ensure that your rights are protected.
Difference Between Void and Voidable Marriages
In New York, a distinction is made between void marriages and voidable marriages when it comes to annulment.
A void marriage is one that is considered illegal from its inception and is considered to have never existed. Examples of void marriages include those between close relatives (incest), those where one spouse was already married to another person (bigamy), and those where one spouse lacked the capacity to consent to the marriage. These marriages can be annulled by either party at any time, regardless of whether the other spouse agrees or not.
A voidable marriage, on the other hand, is a marriage that is considered valid unless and until it is annulled by a court. Examples of voidable marriages include those where one spouse was under duress or used fraud to induce the other spouse into the marriage. In order for a voidable marriage to be annulled, the party seeking the annulment must bring a lawsuit in the Supreme Court of the State of New York and prove that the grounds for annulment exist. If the annulment is granted, the marriage is treated as though it never existed.
Difference between Annulment and Uncontested Divorce in New York
Annulment and Uncontested Divorce are two distinct legal processes for ending a marriage in New York, but both will resolve all issues of the marriage including Child Custody, Child Visitation, Child Support, Spousal Maintenance, and the division of Marital Property and Debts.
An annulment is a legal declaration that the marriage was never valid and should be treated as though it never existed. Annulments are granted on specific grounds, such as fraud, duress, mental incapacity, incest, or bigamy. An annulled marriage is treated as though it never existed.
On the other hand, an Uncontested Divorce is a legal process of dissolving a valid marriage. In an uncontested divorce, both parties agree on the terms of the divorce, such as property division, child custody, and spousal support, and the divorce is granted by a court. Unlike annulment, an uncontested divorce legally terminates a valid marriage.
In general, if a couple is seeking to end a valid marriage, an uncontested divorce is the more appropriate option. If a couple is seeking to have the marriage treated as though it never existed, an annulment may be the appropriate option, but in most instances people choose Uncontested Divorce because it is a more inexpensive option.
How much does it cost to get an Annulment in New York?
Generally, annulment costs will vary depending upon the complexity of the case and whether the case will need to go to trial, much like a contested divorce case. You can expect to pay $3000.00 - $5000.00, short of trial.
