Long Island Annulment Lawyer
Bringing an End to Invalid Marriages in NY
Separating couples may sometimes pursue an option of ending their marriage known as annulment. While an annulment and a divorce both accomplish the basic purpose of ending a couple’s union, these two processes have very different eligibility requirements and effects. If you are looking to pursue an annulment, a knowledgeable Long Island annulment lawyer from Hedayati Law Group P.C. can walk you through the associated legal processes and protect your interests every step of the way.
Having more than 80 years of combined legal experience, our firm’s skilled professionals are intimately familiar with the New York legal system and can take care of all of its complexities on your behalf. We understand that this can be an emotionally taxing experience, and we are prepared to do everything within our power to help you pursue the most amicable solution possible for your situation.
Discuss your situation in further detail during a free consultation.
Annulment Vs. Divorce in New York
An annulment is different from a divorce in that it does not simply end the marriage – it goes one step further to declare marriage legally void, rendering it void from inception. In other words, annulling a marriage makes it as though the marriage never happened. A New York annulment may only be brought to dissolve a voidable marriage.
According to the New York Domestic Relations Law §140(e), an annulment can be issued for several reasons, including:
- Still legally married to previous spouse
- One or both spouses are permanently unable to engage in sexual intercourse
- One or both parties are under the age of consent
- A party suffers from mental retardation or mental illness
- Physical incapacity
- The marriage is incestuous
- Consent by force, fraud, or duress
- Incurable mental illness for more than five years
In the state of New York, there is a three year time period in which an annulment can be sought, starting from the date of the discovery of the falsification of the marriage. If you are seeking an end to your marriage and qualify for an annulment, you can claim a status of “single” instead of “divorced” in order to avoid the social scrutiny of having a “failed marriage”.
How are Assets Divided?
Since annulments are often granted after short-lived marriages, it is usually pretty simple for the courts to determine who gets what. If an annulment is granted after a much longer period of time, however, things can get complicated, especially if children are involved. The courts will attempt to trace the acquisition of certain assets back to its original purpose in order to determine its rightful owner. If this is impossible, the courts will use its discretion to attempt to return the spouses to a position they occupied before the marriage occurred. An attorney can advocate on your behalf and help you through this process.
Protect Your Rights with a Qualified Team
You must take any of the above-mentioned grounds for an annulment extremely seriously and make sure to preserve all your rights. Preserving those rights requires knowledgeable and aggressive legal representation. Our firm, Hedayati Law Group P.C., has the right team and staff of attorneys, paralegals, and legal assistants to give you the representation you need. Let our Long Island family lawyers provide the trustworthy counsel you deserve.