Can the New York Courts Annul My Marriage?
Annulment is the less traditional way to dissolve a marriage. Unlike divorce, when a marriage is annulled, the law declares that the marriage is not valid. There are two types of marriages that can be annulled in New York State. Those are void and voidable marriages.
A void marriage is a marriage that essentially never existed. It was invalid at its inception. A voidable marriage, on the other hand, is a marriage that can be voided by a judge.
What’s the difference between divorce, annulment, and legal separation?
Technically, an annulment is when the court says your marriage is not legally valid. For example, the law makes it illegal for an individual to marry their sibling. In addition, you cannot be married to two people at the same time.
Divorce, on the other hand, ends a valid marriage. Once the divorce is final, the parties are free to marry again.
A legal separation neither ends a marriage nor results in a marriage being declared invalid. The parties to a legal separation remain married. An individual who is legally separated cannot enter into a marriage with another person.
Grounds for annulment in New York State
The grounds for annulment depend on whether or not the marriage was void or voidable. For void marriages, the grounds are:
- The marriage is incestuous
- One of the spouses was already legally married to someone else
- The marriage was solemnized by someone who had no legal authority to do so
The grounds for voidable marriages include:
- One party was too young to consent. In New York, you need to be 18 years old to marry. Otherwise, you’re required to have the written consent of both parents. If the individual is under 16 years old, that person must also have the consent of a judge.
- One party lacked the mental capacity to consent. For example, a mentally ill or incapacitated person cannot consent to marriage.
- One party is physically incapacitated. If one of the parties is physically unable to have sexual intercourse but unaware of it at the time of the marriage, the marriage can be annulled.
- One party entered into the marriage based on coercion or fraud. Examples of fraud can include marrying someone to get their green card or pretending to be pregnant to entice someone into a marriage. If the defrauded spouse learns of the fraud and continues to live with their partner, they could lose their claim to annul the marriage.
- One party is mentally ill for more than five years and cannot be cured.
Talk to a Rockland and Westchester County Divorce Attorney Today
The Law Office of Robert S. Sunshine represents the interests of Rockland and Westchester County residents who are looking toward divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
