If you get married in the state of New York and it is legally rendered null and void, that is considered an annulment. By law it is as if the marriage is invalid and never happened. Every state has a different set of guidelines. In the state of New York, most annulments are sought due to fraud or some type of misrepresentation. If you live in New York state and are interested in hearing more about how to get an annulment, you should contact a divorce attorney as soon as possible. Only a seasoned attorney can enlighten you about the procedure and what to expect.
A civil annulment can take place when people enter into marriages that never should have taken place. In most cases, you need to have a very compelling reason for wanting or needing the annulments.
What Types Of Situations Call For Annulment?
Any type of fraud and representation when a person lies about something. Obviously, if it was something really bad that took place before the marriage, the marriage would not have taken place. It can be a variety of misrepresentations such as not being able to bear children, the spouse is still married, one or both spouse is not of legal age, entering a marriage for the purpose of getting a VISA.
Lack Of Consent:
For the marriage to be legal, both parties have to be mentally competent. The marriage must be voluntary and not have been threatened or forced. If a person was either intoxicated or under the influence of drugs, that can be grounds for an annulment.
Impotency or Incest:
If a person enters into a marriage under the notion that there will be children — and the spouse lies about potency — the marriage can be annulled. Spouses who unknowingly get married and are too closely blood related. Or if there is a marriage between a person and a whole aunt, uncle, cousin, sibling or half-sibling, this can be ground for annulment.
A religious annulment is different than a civil annulment. But a religious annulment is also treated as if it never happened. If the spouse is Catholic, a diocesan tribunal will oversee the case. Either one or both spouses must be able to prove grounds such as maturity, honest and even emotional stability. If the annulment is granted, the parties will still be given permission to marry within the Catholic Church.
Advantages of an Annulment:
Once an annulment takes place, there is no further reason to worry about any issues with marriage. It will be like it never existed. Children born during an annulment are still considered legitimate.
If you have entered a marriage and believe you have sufficient grounds for an annulment, you should seek out a divorce or family law attorney as soon as possible. They can bring you in for a free consultation and answer all of your questions. They can also formulate a defense to help you obtain an annulment as quickly as possible.
Don’t delay. Filing an annulment is a time-sensitive deal. Let an experienced attorney help you today. This is something you cannot do alone. You will need the counsel of someone who highly-skilled in family law and what to expect when you file for an annulment . Know your rights before you go inside a courtroom.