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New York Marriage Annulment Laws

New York Marriage Annulment Laws

Posted By Meyers Law Group || 4-Nov-2014

Some marriages in New York can be voided, which is known as an annulment. To be considered void, it must be proven that the marriage should never have occurred at all.

What marriages can be annulled?

Marriages can be voided based on whether or not the marriage should have been legitimate to begin with, or if a court decides that the marriage is void.

Some of the reasons that a marriage can be voided in New York include:

  • Marriage occurred between two people closely related to one another
  • A former spouse is still living or the couple was never truly divorced
  • The person that solemnized the marriage was not authorized to do so
  • One of the spouses is under the age of 18
  • One party was unable to agree to the terms of the marriage to due mental incapacitation
  • One party is unable to have sexual relations due to an incurable condition
  • Fraud or force was used for one party to consent to the marriage
  • A spouse developed an incurable mental illness

If a person's marriage falls under any of these categories, then they may be able to have their marriage annulled. Should a person not go through the court for an annulment, the marriage will remain on their record, impacting with their financial future and preventing them from remarrying another person in the future.

How can you file for an annulment?

To file for annulment, a one year residency is required in the state. You must also meet one or more of the conditions listed above. An attorney should be consulted in order to avoid any issues that may arise from the annulment. Like a divorce, an annulment will involve child custody and visitation agreements and property division.

With the help of an attorney, you can complete a petition to annul the marriage and provide the required evidence showing why the marriage should be annulled. This petition must be served to the former spouse so they know to attend the court hearing.

After gathering evidence and going to court, a judge will issue a ruling on the state of the marriage. The more evidence and information that can be provided early on, the higher the likelihood that the judge may approve the annulment.

Categories: Divorce