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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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NYC Annulment Lawyers

Like a conventional divorce, an annulment effectively concludes a marriage. However, annulments are legal proceedings that go a step or two further by declaring the marriage void or invalid via a court order. After an annulment, it is as if the marriage never occurred. Some spouses seek an annulment to avoid the perceived stigma of divorce, but most are due to fraud and other reasons. This guide refers only to civil annulments, not religious ones, which are granted by the clergy and have no effect on legal marital status.

What Constitutes Grounds for an Annulment in NYC?

In New York City, the courts recognize five different grounds for annulment. Unlike divorces, which may be based on irreconcilable differences, to get an annulment, one of the below grounds must be proven. These include:

  • Either or both spouses being under the age of 18 at the time the marriage occurred
  • Either or both spouses’ inability to consent to the marriage due to a mental impairment
  • Either spouse’s inability to consummate the marriage with sexual intercourse
  • A spouse’s incurable mental illness of five years or more
  • Marriage consent obtained through fraud, coercion, or duress

Our legal team can help spouses find and prove these grounds for annulment; call today for details.

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.

What Happens if an Underage Spouse Attains the Age of Majority?

While either spouse being underage at the beginning of the marriage is a reason for annulment, if the couple continues to live together after both have reached the age of 18, such claims are waived.

What Will Happen if a Mentally Impaired Spouse Has a Lucid Interval?

Marriages may be annulled on the grounds of incurable mental deficiency. However, if the spouse with the illness goes through a period of non-impairment and the couple continues to freely cohabitate, the marriage is considered to be ratified and the grounds of mental deficiency are waived even if the illness returns in the future.

May Fraud be Waived as Grounds For an Annulment?

Although fraud is a legitimate reason for an annulment, it may be waived if the spouses continue to cohabitate after the fraud is discovered. Specifically, in cases where fraud would be sufficient grounds for annulment, if the wronged spouse uncovers the fraud and does not depart immediately, the grounds may be waived and the marriage is ratified. Fraud can also be waived via acquiescence, such as in cases where a spouse reneges on a promise to bear children and the wronged spouse is aware of the offending spouse’s contraceptive use.

Is Duress Waivable?

Yes, it is. New York’s laws do not allow marriages to be annulled on the grounds of duress or force if, before the marriage occurred, the spouses lived together and held themselves to be husband and wife.

How Can a Spouse Get an Annulment in New York City?

Annulments in NYC require a trial and a hearing before a family court judge. Unlike divorces, which may be granted on sworn or written testimony with no trial, annulments require at least one person to prove grounds in court. This requires the filing of paperwork and the submission of supporting evidence including documentation and witness testimony. For additional information on the procedures required to gain an annulment and what should be expected at the court hearing, please contact a New York City family lawyer for help.

The Effects of Annulments on Child Support and Custody

In the state of New York, although an annulment results in the voiding of a marriage, it has no effect on the legitimacy of children born within. Simply put, a child born while his or her parents are married in a religious or state ceremony is legitimate even if the marriage is later voided by a judge. Furthermore, an annulment has no effect on child support or custody; rather, it establishes the presumption of a child’s paternity.

Marriages are usually started with the best of intentions, but when those intentions waver soon after, an annulment may be a viable option. For more information on New York City’s laws on annulment, contact a local family lawyer as soon as possible.

In order to be accepted, a marriage annulment application must be based on valid reasons. For example, no longer wanting to live with a spouse one month after the marriage is not a valid reason. A person requesting an annulment of a marriage must also provide evidence justifying the cancellation. Therefore, you may wonder, “In which cases can a marriage annulment be requested?” and “What are the consequences of a marriage annulment?”

Remember, an application for a marriage annulment is more limited than an application for a petition for divorce. Here are a marriage annulment’s main effects: any donations between spouses are returned; the annulment being retroactive, the spouses are deemed to have never been married and they are considered to have lived in concubinage; and a spouse who has acquired US nationality through marriage loses the benefit. Remember, a representation by a lawyer is obligatory, as in the matter of divorce.
The following rules apply to civil marriages. As a reminder, polygamy is prohibited in the US. Civil law provides that one cannot contract a second marriage before the dissolution of the first. Therefore, you can only be married to one person at a time. Also, a more radical consequence in the case of an annulment of a marriage is that it results in the annulment of the marriage retroactively and legally the marriage never existed.

The religious annulment of a religious marriage, on the other hand, follows rules specific to each religion. In the following cases: a fraudulent marriage, marriage of a minor or marriage under threat, only one of the spouses can request the annulment of the marriage. In these particular cases, the public prosecutor may also request the annulment of the marriage, particularly if it involves physical or moral violence.

A marriage annulment is a procedure within the jurisdiction of the courts, which remains relatively rare and for which the public prosecutor has an opinion to issue. A marriage annulment will usually require serious failings aimed directly at the validity of the marriage. For example, a marriage annulment may be provided for a marriage where the spouses are related to each other.
For another example, a marriage annulment may also be provided for a marriage for migratory purpose or a marriage for acquiring nationality that is based on a sham marriage. The marriage which has been declared null produces, nevertheless, its effects with regard to the spouses, when it was contracted in good faith. As the annulment results in the retroactive cancellation of the marriage, a spouse cannot usually obtain any financial compensation.

The effects produced by the marriage, therefore, disappear from the person of the spouses and their property. Donations and other matrimonial benefits are also returned between the spouses. It’s as if the marriage never existed.

The conditions that provide for the validity of a marriage depend closely on the conditions under which the marriage took place. For example, a marriage should be publicly celebrated before a competent civil officer of a municipality where one of the spouses has a domicile or a residence at the date of the marriage. Also, the court competent to annul a marriage is the court of first instance of the place of residence of the spouses.

Therefore, the incompetence of the civil officer may provide a case for an annulment of a marriage. The annulment request can usually only come from one or the other of the spouses, or both spouses jointly. On the other hand, a public prosecutor can also request the annulment of a marriage for certain serious cases (with a forced marriage for example).

Annulment FAQ

Q – What Type of Annulment can an Attorney assist you with
A – A lawyer can assist you in obtaining an annulment for a marriage at the civil level. A New York lawyer can assist you in obtaining an annulment of the marriage at the civil level. An Annulment results in the court vacating the marriage so legally the marriage never existed. The term annulment also has religious meaning. The annulment process for religious purposes is something that must be done within the framework of the religious institution.

Q – What are the Grounds for obtaining an Annulment under New York Law
A – Unlike a traditional divorce, an Annulment can only be granted under current New York law when one of seven circumstances can be proven to the court. The five circumstances are:
1. One or both of the spouses were under the age of 18 at the time of marriage
2. Mental Incapacity at the time of the marriage
3. The inability to have sexual intercourse
4. Mental illness lasting five years or more that is not temporary in nature
5. Fraud, coercion or duress used to induce marriage .
6. Bigamy is grounds for an Annulment
7. The marriage is incestuous. Like number six legally this marriage is automatically null and void.

Note: Consult with a licensed New York Lawyer to learn more as each of these circumstances involve complex legal issues.
Q – Does continuous Cohabitation impact my legal rights
A – Yes, in the circumstance of a spouse getting married under the age of 18.Cohabitation after reaching the age of 18 may result in this ground for an annulment being waived. Additionally, mental illness is a complicated issue. Many who suffer from mental illness have periods of full mental capacity. Those living with a spouse during times of full mental capacity will be unable to seek an annulment. Fraud is another grounds for annulment that may be waived if continuous cohabitation takes place. A common example is the promise to have children if marriage takes place. A spouse who refuses to have children after marriage in this circumstance would be legally committing fraud. However, if his/her spouse knows of the refusal and continues to cohabitate the ability to seek an annulment may be waived.

Q – What is the Court process to get an Annulment
A – Unlike a divorce an Annulment requires that a hearing and a trial take place. The person seeking the annulment has the burden of calling witnesses to prove that one of the five circumstances listed above is present. Remember that only the innocent party can file for an Annulment. The Annulment can be contested by the other spouse and in that event witnesses called will be cross examined.

Q – What is the impact on Child Custody and Support
A – There is no impact on Child Support or Custody for children by an Annulment.

Q – Does filing for Annulment impact the ability to file for divorce
A – You can still file for divorce if you file for an annulment and lose or if you contest the annulment and win.

Q – How long to I have to live in New York before I can file for an Annulment
A – You must have established residency in New York for at least one year prior to filing for an Annulment.

Q – Do I really need an Attorney for an Annulment
A – A Null and Void marriage (circumstances) 6 and 7 listed above can be obtained by showing the proper documents. Although an attorney is not required it is strongly suggested that an attorney be consulted due to the importance of the legal issues involved. Circumstances 1-5 above do require a skilled attorney with the appropriate family law background. Representing yourself in any serious legal matter is simply unwise.

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