While divorce is the most common option for ending a marriage, it is not the only one available. When a marriage is considered void under the law, the Courts have the power to end it through a process known as annulment. Once a union is annulled, it is as if the two people were never married to begin with.
Because this goes beyond a traditional divorce, the legal process is more involved. Thankfully, a Saratoga Springs annulment lawyer may be able to ensure the law is followed precisely. Contact a dedicated family law attorney today to learn more.
Under New York law, there are five (5) different grounds for annulment, and a filing spouse must establish that at least one applies in their case.
A marriage is considered voidable if one or both spouses were under 18 at the time they were wed. If the couple remains together after they reach the age of consent, it may no longer be voidable.
The Courts will find a marriage to be void if one of the spouses is declared mentally ill for at least five years. However, the Court may not agree if the couple stayed together after a period of sound mind.
If either spouse is physically unable to have sexual intercourse, a party may seek to have the marriage annulled.
A judge may annul a marriage if either spouse is found to have lacked the mental capacity to consent to the union.
The final ground involves coercion, duress, or fraud. When these elements are present, the spouses do not fully consent to the marriage.
An annulment is only possible following a specific set of legal proceedings. The party seeking one must file a legal action in a New York Court where a trial must be held. This differs from a divorce, where the judge can dissolve a marriage based on written or sworn testimony without needing a formal trial.
During the hearing, the filing spouse must prove that at least one of the grounds to annul a marriage exists by presenting evidence or witness testimony. An attorney in Sarasota Springs may be able to take care of preparing for the annulment hearing.
While annulling a marriage treats the union as if it never occurred, some aspects remain in place. Specifically, it does not alter the legitimacy of a child(ren) born between a couple, even if a judge voids their marriage. The law presumes that a child(ren) born to a married woman is the offspring of the husband, and that presumption does not go away once these proceedings conclude.
Additionally, it does not impact existing child custody, support, or visitation Orders. The law presumes that a husband is the father of any child(ren) born during the marriage, even if it is ultimately annulled.
There can be unexpected consequences outside of paternity or child support issues. It is important to rely on the guidance of an annulment lawyer in Saratoga Springs as soon as possible.
If you believe your marriage is either void or voidable, you have an opportunity to take legal action that formally brings it to an end.
You do not have to face this challenge alone. Contact a Saratoga Springs annulment lawyer to get started.
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