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Getting an Annulment in Long Island

Getting an Annulment in Long Island

Posted By Meyers Law Group, P.C. || 8-Oct-2013

Looking into getting an annulment? This is an alternative to divorce in dissolving a marriage, but it additionally means that a marriage is considered to be invalid or to have never occurred. For some, annulments represent a way to end a marriage without violating religious beliefs. There are also civil annulments, which will be addressed in this post. To get this type of annulment, one must be able to prove a minimum of one of the following grounds for annulment:

  • At least one spouse was younger than 18 years old when the couple was married.
  • One, or both, of the spouses were mentally unable to give consent to the marriage.
  • Either spouse is physically incapable of sexual intercourse.
  • For at least five years, a spouse had an incurable mental illness.
  • The marriage was based upon fraudulent or forced consent.

Some of these grounds can be waived, based on the later actions of the spouses. For example, the grounds of a spouse being a minor is no longer valid if both spouses willingly cohabitate once they both have turned 18. As for the instance of a spouse having an incurable mental illness, if he or she previously had a time when they were of sound mind, and both spouses willingly chose to cohabitate in that span, then the marriage is legitimate. Even the grounds of fraud and duress can be waived. Unless a spouse separates from the other as soon as the fraud is uncovered, then this ground could be dismissed. If both spouses freely cohabitated before an allegedly coerced marriage, then this would render void the ground of duress.

To get an annulment, you would need to appear before a judge, and there must be evidence establishing at least one ground for the annulment. To understand what the ramifications of annulment would be on child custody and support, you can contact an attorney who is familiar with the latest legislation in family law. Contact the Meyers Law Group, P.C. today to find out what options you have for parting ways and starting a new chapter in life.