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What Is Important To Know About An Annulment

The annulment of a marriage is similar to a traditional divorce: it ends the marriage. An annulment is very different from a divorce. An annulment is a legal proceeding designed to declare a marriage to be void or invalid. Once an annulment is granted, it is as if the marriage never occurred. Individuals have sought a legal annulment to avoid having a divorce on their record. Only a court can grant a civil annulment. A religious annulment can only be granted by clergy or a church; it does not affect the legal status of a marriage.

Grounds For Annulment
There are a few laws in the state of New York covering the specific criteria for a legal annulment. An annulment can be granted if there was a previous marriage that was undissolved. One spouse was not of legal age at the time of the marriage. One spouse is no physically able to have sexual relations with their marriage partner. A person only consented to marriage because of force or fraud. A person was not mentally capable of consenting to marriage and more.

Annulment Process
A person in New York seeking an annulment will have to go through a trial and a hearing in front of a judge. At least one of the grounds for the annulment will need to be proven before it is granted. A person will have to file the proper paperwork and provide evidence as well as documents and witnesses to support their grounds for an annulment.

Annulment Time Limits
In the state of New York, there are no time limits placed on trying to get a legal annulment. The reason is the marriage is not considered valid. The passage of time will not make the marriage valid.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Grounds Become Invalid
There are some situations which validate a marriage and eliminates the ability to be granted an annulment. If both spouses were underage when they married, and reach the age of consent, the grounds for being underage are no longer valid. The ability to obtain an annulment for fraud can be waived if the fraud is discovered by both spouses, and they choose to continue living as a married couple. Should a spouse who is mentally ill have a sound mind for a period of time, and their spouse continues to live with them, the marriage is considered ratified. In this situation, the grounds for an annulment based on mental illness are waived even it the mental illness returns.

How An Annulment Effects Child Support
If an annulment is granted, it will not impact the legal responsibilities of parents concerning any child born during the marriage. Any child born after two people are married in a legally accepted religious or state ceremony are legitimate. A marriage annulment will not change this situation. Established custody or child support will not change if a marriage annulment is granted.

After An Annulment
Should a New York court grant an annulment, the marriage is considered to be erased. The couple’s marriage, as well as annulment, will become part of public record. It’s also possible for the court to rule on custody as well as child support. Asset division between the two parties involved in the annulment will be determined by the court.

An attorney will be able to provide the necessary legal guidance when it comes to getting a marriage annulment. They will be able to identify the legal grounds for an annulment and know what evidence is necessary to prove it. An experienced attorney will also know how to properly present the proof in court and ensure an acceptable decision is granted by a judge.

The Benefits of Seeking a Legal Annulment in New York

If you’re experiencing marital issues and are seeking to end your marriage, there are two primary routes you can take: getting a divorce or seeking an annulment. While both options lead to the dissolution of a marriage, there is a fundamental difference between the two legal processes.

What is an Annulment?

An annulment declares a marriage void or invalid, as if it never occurred. In contrast, a divorce legally terminates an existing marriage. If you choose to pursue an annulment in New York, you’ll need to clear certain legal grounds before it’s granted. This article will guide you through everything you need to know regarding getting an annulment in New York State.

Grounds for Annulment in New York State

Before deciding whether an annulment is right for your situation, it’s essential to understand the potential grounds that necessitate one. The following are the specific criteria according to New York laws:

  • One spouse was not at least 18 years old at the time of their nuptials.
  • Either party has not reached sexual maturity.
  • A former spouse still validly existed at the time of remarriage.
  • One party consented to marrying under duress or manipulation by fraud.
  • Incapacity due to mental illness during the formation of the marriage bond.

Annulment Process in New York State

After establishing that your situation fits within one or more of these reasons for seeking an annulment, your first step should be filing paperwork with the court (your attorney can complete this on your behalf). Alongside other necessary documents and witnesses supporting your case, you’ll then make submissions orally before facing trial and hearing from judges assigned to handle such claims.

At least one piece of evidence proving each ground must be presented before granting an annulment ruling. It’s worth mentioning that while many assume religious institutions grant such declarations independent from state law, this isn’t the case. Only the civil court system can legally annul a marriage.

Annulment Time Limits and Voiding Grounds

Unlike with divorces, you won’t have to worry about any statute of limitations when seeking an annulment in New York State. As mentioned earlier, an annulled marriage is considered invalid from its formation, so no amount of time passing could convert it into a valid union retroactively.

There are some scenarios where grounds for annulments lose validity or get waived even after they initially suffice. For one, if underage parties leading to an initial agreement reach lawful age afterward but continue cohabitating as married people, the underage point becomes voided.

Meanwhile, should mental illness be presented as a ground for the bearing of “incapacity” to marry– then remit–or if fraud gets discovered by both partners and action isn’t taken within reasonable cause (for some cases), such proofs will not hold up in court upon later hearing dates.

How Annulment Affects Child Support

Annulling your marriage may impact many aspects of your life drastically; however, it doesn’t fundamentally affect established child custody rights under law or create new liabilities outside those already present. This means that support obligations between parents vis-a-vis offspring borne through a relationship remain tied unless certain mitigating factors intervene–such as remarriage or adoption proceedings resulting from either parent marrying others.

After An Annulment in New York State

In defining what happens after an annulment has been granted by courts in New York State: It’s critical to consider its legal effects critically; ultimately, once approval for it is obtained—even details surrounding how property/assets are divided—becomes public record effectively nullifying all matrimonial agreements henceforth associable with the now-erased partnership formally contracted at first.

If children were brought forth during said agreement(called-off marriage), existing documentation concerning child support obligations, maintenance requirements, or custody arrangements will still persevere after annulment. Based on the evidence presented and issues involved in the case, judges may rule further concerning these life-altering decisions.

Why Should You Seek an Attorney for Your Annulment?

Conclusively, getting a dissolution of your marriage (whether through divorce or annulment) can be incredibly stressful both emotionally and financially significant event in one’s personal experience this is why consulting with an attorney beforehand could turn out to be the best decision that you might make. An experienced family law attorney can explore all options with their client while also providing guidance on specific legal grounds necessary to obtain an annulment successfully. Works such as gathering and presenting any documentation vital to obtaining favorable court rulings are entirely within the scope of what quality legal counseling should provide clients going through these sorts of afflictions efficiently

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