Long Island Annulment Attorneys
What are the Grounds for an Annulment in NY?
Unlike divorce, annulment can only be granted on the following grounds:
- Either spouse is incurably incapable of having sexual intercourse.
- Either spouse had not reached the age of legal consent at the time of marriage.
- Either spouse is incurably insane for at least five years of the marriage.
- Either spouse could not give consent to the marriage due to insanity, incapacity, or deficiency.
- Either spouse consented to the marriage as a result of force, duress, or threat.
- Either spouse was obtained by fraud.
Getting a marriage annulled can be an incredibly difficult process. Done correctly and with the proper legal guidance, however, annulment could be a viable option for your particular family law matter. By declaring a marriage null and void, it will be as though the marriage never even happened.
How to Get an Annulment in NY?
As stated above there is an extremely specific criteria that needs to be met when applying for a marriage annulment. Unlike a divorce where a judge may not always need to be present, the annulment process requires a trial & hearing with a judge as one of the grounds for annulment must be met. After filing for annulment the trial typically requires evidence be shown such as witness testimonials or legal documentation that proves grounds for annulment.
In certain circumstances, a marriage won't need to go through the process of annulment; rather, an action to declare the nullity of a void marriage will need to be obtained. In circumstances of incestuous marriage, bigamous marriage, or a marriage that has not been solemnized, the marriages will be viewed automatically void by the courts.
Protecting Your Interests in Complex Marital Issues
Just as with divorce, annulment can be an incredibly emotional process as well as a tedious legal procedure. Once a marriage has been declared void, the separated couple will still have to tend to complex matters of agreeing on issues pertaining to their children, property, and money.
Decisions to be addressed may include:
- Child custody and child support
- Spousal support (alimony)
- Property, asset, and debt distribution
No matter how long, intimate, brief, or contentious your marriage was, coming to terms with the fact that a chapter of your life must now close can be an exhaustive, overwhelming, and sensitive time. Many people can feel significant guilt or grief during divorce and annulment. We understand just how life-changing an annulment can be for your entire family and strive to provide you with the personal, focused, and attentive legal care that you deserve.
Contact The Virdone Law Firm, P.C. today and request a free case consultation to sit down with us as we discuss the specifics of your situation in confidence.
"I recently had the displeasure of enduring a highly contentious and difficult divorce against an extremely bitter, unrealistic and deceptive ex. The process was painful but John made it manageable and fought hard to win the best possible outcome with a cou"Former Client
"Kira Schettino, this is just a note of appreciation for the long and tiring battle, we did win!! Many thanks for all your hard work. I wish you lots of success for all future cases."R.K.
"When I consulted with John Virdone, I was touched by his considerate attitude and knowledge of what I was dealing with in my ex-husband's belated challenge to my divorce decree. Mr Virdone was honest in his concerns about my case and encouraging of my maki"Former Client
"I was expertly represented during my divorce. John took the time to fully listen to my concerns, and gave me his undivided personal attention. I hope that you don't have to go through divorce, but if you do, use JOHN VIRDONE."Grace Johnson
"How can I express my gratitude to Kira Schettino for taking the time and effort to prepare my case and represent me in court? Believe me, you have my complete admiration and respect for a job well done! I am also grateful to Amy Wilder my Social Worker for"J.K.