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Brooklyn Annulment Lawyers

By Spodek Law Group | January 22, 2023
(Last Updated On: October 19, 2023)

Last Updated on: 19th October 2023, 12:10 pm


Brooklyn Annulment Lawyers: Your Guide to Annulments in Brooklyn, NY

Getting an annulment in Brooklyn can be complicated, but a good lawyer can help make the process smoother. This article provides an overview of annulment law and lawyers in Brooklyn to help you make an informed decision.

What is an Annulment?

An annulment is a legal procedure that dissolves a marriage and declares it invalid. Unlike divorce, an annulment treats the marriage as if it never happened in the eyes of the law. There are specific grounds that must be met to qualify for an annulment in New York.

Grounds for Annulment in New York

Some common grounds for annulment in NY include:

  • One spouse was underage or already married
  • Fraud – one spouse lied about something essential like the ability to have kids
  • Mental illness or incapacity
  • Force or duress
  • Physical incapacity to consummate the marriage

The law has specific definitions for things like fraud or force. Your lawyer can help you understand if your case meets the legal requirements.

Benefits of Annulment vs. Divorce

There are a few key benefits to annulment compared to divorce in NY:

  • Shorter process – annulments can take just 1-3 months compared to 9 months average for divorce
  • No lengthy separation required like “no-fault” divorce
  • More privacy – annulment records are sealed while divorce records are public
  • Lower cost – no need to deal with things like property division or spousal support
  • Allows remarriage in the Catholic Church

Annulments only make sense for shorter marriages without kids or shared property. For longer marriages, divorce is usually better.

Finding a Brooklyn Annulment Lawyer

The right lawyer makes a big difference in getting your annulment approved quickly and smoothly. Here’s how to find a good one:

Look for Experience with Annulments

Not all divorce lawyers have experience with annulments, which have different requirements. Look for a lawyer who specifically mentions annulments in their credentials.

Find Someone Local

It helps to find a Brooklyn lawyer who knows the local judges and laws. Beware of cheap options from out-of-state lawyers.

Read Reviews

Reviews from past clients can give insight into responsiveness, legal knowledge and overall service. Look for consistent positive feedback.

Meet for a Consultation

Many lawyers offer free consults. This lets you assess their experience with cases like yours and personality fit.

Cost of a Brooklyn Annulment

Average cost for an uncontested annulment with a Brooklyn lawyer is $2,000-$3,500. Contested cases cost $4,000-$8,000 or more. Factors affecting cost:

  • Experience of lawyer – less experienced may charge less
  • Contested vs uncontested – contested is more expensive
  • Number of court appearances needed
  • Any appeals if annulment is denied

Many lawyers offer payment plans to break up the costs over time. Get a written fee agreement upfront.

The Annulment Process in Brooklyn

Here are the typical steps involved:

  1. Consultation – Meet with a lawyer for initial case review and advice.
  2. File paperwork – Petition, summons, affidavits, etc. Your lawyer handles filing.
  3. Serve spouse – Spouse must be legally notified of the case. Failure to serve can delay the case.
  4. Negotiate settlement – Most annulments settle out of court. Lawyers negotiate terms.
  5. Court hearing – If contested, a judge reviews arguments and makes ruling.
  6. Final judgement – If approved, the marriage is legally declared void.

An uncontested case with an experienced lawyer can take 1-3 months from start to finish. Contested cases take longer.

Alternatives to Annulment

If your situation doesn’t meet the NY requirements for annulment, alternatives include:


Divorce is the most common approach to ending a marriage in NY. It requires meeting residency requirements and undergoing a lengthy legal process. There are different types of divorce in NY depending on factors like length of marriage, grounds, and whether you have kids.

Legal separation lets you live apart without formally ending the marriage. You petition the court for separation orders on things like child custody, spousal support, and property division. It requires the same grounds as divorce.

Religious Annulment

Some religions like Catholicism have their own annulment process to declare the marriage invalid in the church’s eyes. This has no legal effect – you still need a civil annulment or divorce.

If you don’t qualify for an annulment, an experienced lawyer can help you find the best legal solution for your situation.

Common Questions

Can I get an annulment if my spouse cheated?

Infidelity alone is not grounds for an annulment in NY. However, if your spouse lied about fidelity before marriage, it may constitute fraud to justify an annulment.

How is property divided in an annulment?

With short marriages, there is often no property or support. For longer marriages, property and support may be determined by the court like a divorce.

Am I still responsible for debt after an annulment?

Joint debts like mortgages and credit cards remain shared responsibilities after an annulment, unless specified otherwise in your settlement.

Can I remarry after getting an annulment?

Yes, an annulment declares the marriage legally invalid, so you are free to remarry once the annulment is finalized.

Finding the Right Brooklyn Annulment Lawyer

The lawyer you choose makes a big impact on your annulment experience. Look for an experienced Brooklyn attorney who can help you understand your options and guide you through the process. With the right legal help, you can resolve your marital situation as smoothly as possible.



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