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.
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 If both spouses were underage when they married, and reach the age of consent, the grounds for being underage are no longer valid.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.
Contact
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 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