If you are looking to end your marriage, divorce isn’t your only
option. Many individuals seek to have an
annulment to their marriage. Unlike a divorce, an annulment won’t just end
a marriage, it will legally void the marriage, as if it never happened.
There are many reasons to opt for an annulment rather than a divorce,
such as religious reasons or to avoid any stigma you may believe is attached
to divorce. But not all marriages can qualify to end in an annulment,
due to grounds that must be met.
Does My Marriage Qualify for a Divorce?
New York recognizes a number of grounds on which an annulment can be based.
The grounds of an annulment must be proven and cannot simply be formulated
on irreconcilable differences, like a divorce can.
In order to attain an annulment, you must prove that your marriage adheres
to one of the following grounds:
- At least one spouse was under the age of 18 when the marriage occurred
- At least one spouse was unable to consent to the marriage due to mental
incapacity
- One spouse was unable to physically have sexual intercourse
- One spouse was incurably mentally ill for at least 5 years
- At least one spouse consented to the marriage through duress, coercion, or fraud.
Within these grounds certain circumstances can cause an annulment to be
waived. For example, if one or both spouses that were married as minors
continue to freely live together after reaching 18 years of age, their
claim to an annulment may not be valid.
Because an annulment requires proof, it involves a trial with a hearing.
It will also require evidence to be brought forth with paperwork, as well
as witnesses to support a claim.
If you wish to apply for an annulment, our
Brooklyn divorce lawyers at Coffinas & Lusthaus, P.C. can provide the experience litigation
you need to prove that you have a right to your claim.
Contact us today to get started!