Annulment is a court declaration that a marriage was never valid under the law. Just as after a divorce, both parties are free to remarry after their marriage has been annulled. The grounds for an annulment, however, are quite different than those necessary for divorce. In order to obtain an annulment in New York you must be able to prove one of the following:
- Your spouse was still married to another party when you entered into the second marriage (bigamy).
- Your spouse was incurably incapable of having sexual intercourse at the time of the marriage.
- After you were married, your spouse became incurably insane for 5 years or longer.
- You or your spouse was under the age of consent at the time of the marriage.
- Your spouse is unable to understand marriage and its effects and consequences because of mental incapacity.
- You agreed to marry because you were forced to do so by your spouse.
- You agreed to marry your spouse as the result of fraud on their part that would have deceived any ordinary person. The fraud must be a part of the essence of the marriage contract, and can include concealment of a material fact.
One of the most common reasons people pursue annulment is so that they do not have to violate their religious beliefs by divorcing. People seek annulment for a variety of reasons, and if you are interested in having your marriage annulled rather than going through the divorce process, speak with a knowledgeable lawyer about your options.
Our experienced team at the Law Offices of Andrew J. Spinnell, LLC can assess your situation to determine if you qualify to have your marriage annulled. If you meet the state guidelines, we can advocate on your behalf and assist you with filing the necessary paperwork for annulment. Contact our firm to discuss your options to seek annulment of your marriage in New York City.