NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 3rd August 2023, 09:07 pm
An annulment is often compared to a divorce because both of these processes are used to dissolve a marriage. A divorce is a way to legally end a marriage that is valid and recognized by the state. In many states, an annulment is a way to nullify a marriage that has only been in place for a very short period of time. It essentially erases the marriage from legal records and gives the result of the marriage never happening from a legal perspective. In New York, however, an annulment can be pursued regardless of how long the couple has been married. It is only a legal option available to end a marriage in the event that the marriage is void or is otherwise voidable. If it does not meet the requirements for being void or voidable, a divorce is the only legal option for dissolving a marriage in this state. If you believe that pursuing an annulment is in your best interest or if you need information about the qualifications for voiding a marriage, hiring a Manhattan annulment lawyer may be a great starting point.
A marriage in Manhattan or in any other location throughout New York may be considered void or voidable in the event the marriage has not been consummated because of the physical inability of one or both parties. Another reason for a void marriage is if at least one of the individuals has been diagnosed with incurable insanity for at least five years or longer. Keep in mind that medical records may need to be provided for both of these claims.
If a couple is too closely related to be legally married or if one or both are already married at the time of their marriage to each other, the marriage may also not be valid and may be annulled. An incestuous marriage may be between immediate family members or one level removed. Another basis for nullification is if the person who completed the ceremony was not legally licensed or permitted to officiate in this state. Proving this may require considerable effort in some cases.
If you are preparing to initiate proceedings for an annulment of your marriage, consider the pros and cons associated with divorcing rather than annulling the marriage before proceeding. When you annul a marriage, you eliminate any potential claims to marital assets, spousal support payments and more. On the other hand, in some religions, you may not be permitted to remarry unless you obtain a legal annulment. A divorce may not be an option for some people of various faiths.
The process of seeking an annulment involves determining the grounds of the annulment as an initial step. Your Manhattan annulment attorney can help you to determine if you may qualify for an annulment. Regardless of whether you divorce or annul the marriage, issues related to child custody and other separation-related matters may need to be negotiated with the other party. You understandably want to ensure that the dissolution of your marriage is legally valid and standing, and an attorney can assist you with this process to ensure that it is completed correctly. In addition, your attorney can represent your interests in all other aspects of the dissolution of nullification of your marriage.
Remember that you generally cannot simply state a reason for your nullification request. You should be prepared to prove the grounds for your request. Your annulment attorney will assist you in gathering the documentation required as well as in filing the necessary documents. It can be stressful to have an annulment request rejected because of a lack of appropriate or acceptable documentation, so hiring a seasoned annulment attorney to assist you with this process can benefit you tremendously.
In the event that your marriage cannot legally be annulled in New York, remember that divorcing your current spouse is also a legal option available to you. This process may be more completed in many cases, and your annulment lawyer in Manhattan may also have experience with divorce proceedings. As you select the right attorney to hire for assistance with your current marital concerns, it may be beneficial to seek a consultation initially so that you can better determine what your legal options are.