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.
Grounds for Marriage Annulment
In order to attain an annulment, you must prove that your marriage adheres to one of the following grounds:
- Underage marriage
- Mental incapacity
- The marriage is not consummated
- Five years of Incurable mental illness
- Marriage was consented to under 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!