Like divorce, an annulment is a method of legally ending a marriage. Unlike a divorce, an annulment essentially declares that the marriage is invalid. However, not everybody who wants to end their marriage can pursue an annulment. You must meet certain legal requirements.
If you believe your situation could be grounds for an annulment, a well-versed Albany annulment lawyer could guide you through the legal process. The dedicated team of legal professionals at our firm could review the facts to see if filing an annulment is a viable solution for you.
Why Do Some People Choose an Annulment Over a Divorce?
Some people do not believe in divorce for personal or religious reasons. If their church does not permit divorce, like the Catholic Church, they might feel more comfortable getting an annulment. Other people choose an annulment because they feel they entered the marriage on fraudulent terms.
After a divorce, couples are considered no longer together, and each person is free to remarry. Annulments take it a step further. An annulment essentially makes it as though a marriage never happened. However, a Court will still address other issues typically involved in the dissolution of a marriage. For instance, if the couple had children during their marriage, a Court would still determine issues of child support, custody, and visitation—even with an annulment. The Court will also decide on matters regarding the division of marital property and spousal maintenance.
An annulment can be challenging and costly to obtain, particularly if one spouse contests it. A seasoned family law professional could navigate the complexities and increase the chances of obtaining a successful annulment in Albany.
Legal Grounds for an Annulment
Under New York law, people can petition to annul void and voidable marriages.
Void Marriages
According to New York Domestic Relations Law § 6, a marriage is inherently void if one of the parties is already legally married. A marriage is also void if it is incestuous, pursuant to New York DRL § 5. If the person who solemnized the marriage did not have the legal authority to perform a wedding, the marriage would also be void, even if both parties intended to legally marry.
Voidable Marriages
Other marriages can start off as legal, but one or both parties wish to pursue an annulment to make the marriage voidable. New York DRL § 7 outlines the following reasons that a marriage could be voidable and annulled under New York law:
- One of the parties got married because of fraud, duress, or force;
- One or both of the spouses was under the legal age of consent, which is 18 years of age in New York;
- One of the parties has had an incurable mental illness for at least five (5) years;
- One of the spouses is physically incapable of entering into the married state, which means they cannot consummate the marriage; and
- One or both of the spouses lacked the mental capacity to consent to a marriage because they did not understand what they were entering into;
A diligent Albany annulment attorney could help locate and gather proof to meet the evidentiary requirements of an annulment.
Consult With an Annulment Attorney in Albany About Your Situation Today
Although nobody wants to end a marriage, an annulment can offer the best solution in certain situations. After receiving an annulment, both parties can be free to marry other people and continue with their lives as if the marriage had never taken place.
If you think you might qualify for an annulment, an Albany annulment lawyer may be able to use their experience and skill to get you the outcome you hope for. Call today to get started.