Annulment vs. Divorce in New York
Diligent Long Island attorney guides marriage dissolution
Most people think of divorce when they are considering ending their marriages. But annulment is another route to dissolving a marriage if you have reason to exist that the legal union might not have been valid in the first place under New York law. Our knowledgeable attorneys at Bryan L. Salamone & Associates, P.C., assist Long Island residents in determining if they are eligible for annulment and understanding whether it is the best option for their specific situations.
How is an annulment and divorce different?
A divorce ends a valid marriage. An annulment declares that the purported marriage was legally invalid. Once an annulment is finalized, the legal record will indicate that the union never existed, though depending on the specific facts, there still might be issues relating to parenting and financial arrangements. We will help you understand the advantages and potential disadvantages to annulment versus divorce for your situation.
Grounds for an annulment vs. divorce in New York
You could potentially be able to get an annulment in New York if one of the following grounds is true:
- Not being the age of consent to get married, which is 18 years old.
- Not having the mental capacity to consent to marry.
- Being pressured into marriage by fraud, force or duress.
- Being physically unable to consummate the marriage
- Your spouse has been incurably mentally ill for over five years.
If you do not have grounds that qualify for annulment, you could potentially end your marriage while avoiding trial by negotiating an uncontested divorce. This might be an easier path if your partner claims that the marriage was valid. Our family lawyers will advise you if you have appropriate grounds for annulment and if not, discuss with you the possibility of an out-of-court divorce.
How long after marriage can you still get an annulment?
You must request an annulment within five years of marriage, unless the ground you are filing on requires you be married at least five years, such as is the case if your spouse is mentally ill.
The process for getting an annulment
The process for getting an annulment is similar to divorce. Like divorce, you must file a petition with the court in the county where you or your spouse live, and serve your spouse with the petition. Your spouse can either agree to the annulment or contest it. If they contest it, you will have to go before a judge and prove the grounds for which you are seeking to declare the marriage null and void. If your petition is improperly filed or you do not collect the necessary evidence to prove your ground, you could run into issues in seeking annulment. We will ensure that all proper steps are taken and that you have evidence to support your petition.
Timeframe for getting an annulment vs. a divorce in NY
An annulment may be faster than divorce, or it may be slower. The timeframe depends on all the factors involved. For example, an uncontested divorce in which spouses agree on everything may be quicker than annulment in some cases because the party asking for annulment must prove the ground. On the other hand, an annulment might be faster than a contested divorce in which disputes between the two spouses must be resolved at trial. Our attorneys can counsel you about how long your annulment may take once we speak with you and learn the details.
Contact a well-informed New York attorney to learn about getting an annulment
Bryan L. Salamone & Associates, P.C., on Long Island, helps New Yorkers seeking to annul their marriages. To learn more, please call 631-388-6009 or contact us online to schedule a free consultation.