While some couples are content to dissolve their marriage through a divorce, sometimes more drastic measures need to be taken. Through an annulment, couples may choose to completely erase their marriage, making it as if it never existed, from a legal standpoint.
If you wish to obtain an annulment for your marriage, you must satisfy a set of specific criteria in accordance with New York laws. Read below to find out if you qualify for an annulment:
Why An Annulment?
Generally speaking, an annulment is only granted to couples whose marriage was invalid in one way or another. An annulment nullifies the marriage, unlike a divorce, which simply ends the marriage. Individuals who wish to seek an annulment usually do so because they believe their marriage should not have taken place in the first place.
Grounds for an Annulment
In order to obtain an annulment, one of the following must be true:
- Either spouse was under the legal age of 18 at the time the marriage took place
- Either spouse was mentally ill at the time of the marriage
- Either spouse is physically incapable of consummating the marriage
- The marriage took place under false pretenses, such as coercion
In short, the marriage must have been completely legal and both spouses must have entered into the union willingly and in a sound state of mind. If any of the grounds for annulment exists, either spouse may begin the legal process to declare the marriage void. In order to pursue an annulment, you need to work with a family law attorney with experience working on matrimonial actions.
Need help with your annulment? Contact Empire Law to discuss your legal options with our Yonkers divorce attorney.