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Last Updated on: 2nd August 2023, 12:19 am
A very specific list of requirements must be met in order to qualify for an annulment in New York. For a marriage to be valid in New York, for example, both parties must be at least 18 years old at the time. In the event that a person who was getting married was younger than 18, both parents of the minor as well as a judge in some cases would be required to consent and approve of the such a marriage. In another scenario, a marriage in New York may be annulled if one spouse is not mentally sound or if one party cannot consummate the marriage through a physical, sexual act. A marriage in New York may also be annulled if one of the fiancés was coerced into the marriage or if fraud was evident.
Any annulment must be approved by a judge through an official hearing. The person who is asking for the annulment must demonstrate his or her qualifications for an annulment during the hearing. That said, hiring a Long Island lawyer who is familiar with marriage and divorce laws in New York to represent you may provide you with the best overall results.
Marriages can also be declared null and void by a court. In these cases, the marriage is automatically void and would not be legally recognized in the first place. Even though the record of marriage and annulment will remain on the books, the people involved can consider themselves to have never been married to each other in the first place. Cases of incestuous marriages or bigamous marriages are considered void from the start, as these types of marriages are illegal in New York. A spouse involved in a void marriage can bring an action in court requesting a declaration of the nullity of a void marriage.
Quite often, marriages in New York are annulled within a few months or less, and children from the marriage are not an issue. In the wake of a marriage annulment, while the spouses can consider themselves to never have been married, if there are children of the marriage will nevertheless be considered legitimate children of married parents. Both parents continue to be held legally responsible for the children of the marriage in custody, visitation, and child support terms, and will be subject to applicable laws. In this respect, an annulment is closely related to a divorce proceeding
An annulled marriage is still subject to the laws regarding division of marital property in New York State. In New York, any assets that you came into the marriage with remain yours after a divorce. Since an annulment rules a marriage as invalid, all assets that you had before the marriage will remain yours as well. Nonetheless, in the event you and the other party purchased marital assets, applicable laws regarding the division of marital assets in New York applies.
Because annulments are most commonly granted in short-lived marriages, it is normally fairly simple for the courts to decide who gets what. On the flipside, if a judge grants an annulment after a much longer period of time, things can become more complex, especially if there are children involved. The courts will attempt to trace the acquisition of specific assets back to their root purposes in order to determine the rightful owner. In cases where this cannot be accomplished, the courts can use their discretion to attempt to return the spouses to a position they were in before the marriage union was formed. An annulment lawyer can advocate on your behalf and help you make your way through the process.
This part of annulment law is akin to divorce law, and you might need professional legal representation to make sure that you receive a fair and equitable division of assets during the annulment matter.
There are annulment cases that are straightforward, and they get filed before any children come along or before marital property is accumulated. These are usually basic legal proceedings, but you still need to prove your case for meeting annulment qualifications in a New York court before the marriage can be officially dissolved by the judge. Demonstrating mental or physical issues, fraud and more can be tough to do in a court of law, and professional legal representation is a wise choice if you want to enjoy the best possible outcome in your case.
Whether you have made the decision that you want to proceed with filing for an annulment through the court system or you simply want to explore all your options, you need to analyze all factors carefully. Taking advantage of a free consultation with a marital law attorney in New York can help you to learn more about what your options are and the potential results of a legal case. This is step one if you are interested in an annulment, so call for your consultation with an experienced New York annulment lawyer today.
Simply put, a civil annulment happens when people enter into marriages that never should have taken place. In most cases, there must be a compelling reason behind your decision to pursue an annulment.
Here are some situations where pursuing an annulment may make sense:
The upside of pursuing an annulment is that it serves as a permanent end to the marriage, as if it never happened. Children remain legitimate.
Trying to get an annulment without legal representation can be very difficult. Choose lawyers with expertise in family law to give yourself the best chance of success.
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