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Last Updated on: 28th July 2023, 07:15 pm
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.
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 obtainedeven details surrounding how property/assets are dividedbecomes 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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