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Bringing an End to Invalid Marriages in NY
Separating couples may sometimes pursue an option of ending their marriage known as an 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 150+ 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.
Looking to annul your marriage? Discuss your situation in further detail during a free consultation.
What Is the Difference Between an Annulment and a 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.
What Qualifies You for an Annulment?
In New York, there are several reasons you may qualify for an annulment. These grounds must be proved to a court to move forward, but what exactly qualifies for an annulment?
According to the New York Domestic Relations Law §140(e), an annulment can be issued for several reasons, including:
- Still legally married to the 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
What Is the Eligible Time Frame for an Annulment in NY?
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 the status of “single” instead of “divorced” in order to avoid the social scrutiny of having a “failed marriage”.