What You Need to Know About Annulments in New York
While a divorce is a legal action that officially ends a marriage, an annulment is an action in which the marriage is considered to have never been valid in the first place. Thus, a couple that has obtained an annulment would be considered to have never been legally married in the eyes of the law.
It is much more difficult to obtain an annulment than a divorce. To get an annulment, you must prove at least one of the following existed:
- Bigamy: One of the parties was already married to another person at the time the marriage occurred.
- Lack of consummation: Either party to the marriage was “incurably unable” to have sexual intercourse when the marriage began.
- Insanity: Either spouse became incurably insane for at least five years after the marriage.
- Lack of capacity: One of the spouses lacked the ability to understand the consequences, nature or effect of marriage because of his or her mental capacity. This could be due to drug or alcohol use or a mental disability or disorder.
- Duress: One of the spouses only agreed to the marriage because he or she was forced or otherwise under duress at the time.
- Fraud: The marriage consent was obtained by some form of fraud that could have reasonably deceived a typically prudent person, and that fraud was material to obtaining consent. This could involve the concealment of a person’s actual identity. This is the most common ground used to obtain annulments.
For more information about obtaining an annulment in New York, speak with a knowledgeable Long Island family law attorney at Bryan L. Salamone & Associates.