Juan Luciano Divorce Lawyer

Statute Of Limitations For An Annulment in New York

While many individuals believe that a divorce is the only option for ending their marriage, they may be surprised to learn that an annulment can also end their relationship. While the laws in New York allow for both types of marital dissolution, an annulment, often guided by an annulment lawyer, is only available if one of five qualifying circumstances apply. In addition, the Court will still determine how to handle the division of assets and debts in the same manner that it does in a divorce case.

Unlike a divorce, which is usually filed uncontested, an action for an annulment must be litigated in a courtroom. This is because an action for an annulment is based upon the belief that the marriage was never valid to begin with, which requires proof of the factual basis for the claim. This includes evidence that one of the following five situations applied:

One or both parties were underage at the time of marriage.
The marriage was based on fraud.
An action for an annulment based on fraud must be brought within three years of discovering the fraud, unless it can be shown that the fraud would have deceived a prudent person who exercised due care and caution in his or her decision to marry. This is known as the statute of limitations. An annulment lawyer can help navigate these legal timelines and requirements.

If a spouse can show that they were mentally incapacitated at the time of their marriage, they may file for an annulment if the condition continues after the filing date. This type of marriage cannot be dissolved by a divorce because New York law classes children born to such a marriage as legitimate. Consulting an annulment lawyer is essential to handle such complex cases effectively.

Physical incapacity is another ground that may be used to have a marriage annulled. This involves a spouse showing that they were not physically able to consummate the marriage. This is possible if the disability was discovered before the marriage took place, or if the disability prevents sexual intercourse during the course of the marriage. An annulment lawyer can provide the necessary medical documentation and legal arguments in such situations.

A person can also seek an annulment if they can prove that they were coerced into the marriage by duress or force. This type of claim is typically made by a parent or guardian of the party who gave consent for marriage, or by a relative of that person who has an interest in annulling the marriage. An experienced annulment lawyer can help demonstrate the coercion or duress that led to the marriage.

Whether you believe that your marriage meets one of these criteria or not, it is important to speak with an experienced annulment lawyer immediately. A lawyer can help you understand the process of obtaining a marriage annulment, and how it differs from a divorce. An annulment can be harder to obtain than a divorce but is still an option for those who wish to avoid the consequences of a divorce. Contact us today to set up an appointment. 

Annulment Process in New York

In a perfect world, marriages will be entered into for the right reasons and will last for a lifetime. Unfortunately, that’s not always the case and in some circumstances, a person may want to have their marriage annulled. An annulment is different from a divorce because it does not dissolve the legal marriage, but rather treats the marriage as if it never existed. There are several grounds for an annulment, including bigamy, infidelity, fraud, mental incapacity, and lack of consent. To get an annulment, a spouse must file a lawsuit in New York Supreme Court detailing the grounds for the annulment. An experienced annulment lawyer can help individuals determine whether or not this option is appropriate for their situation.

In general, an annulment will be much more complicated than a divorce. The reason is because the individual seeking an annulment will need to convince the judge that their marriage was never valid or should not have been approved in the first place. An annulment lawyer can provide valuable assistance in this process. While New York is a no-fault divorce state, the spouse seeking an annulment will still need to prove one of the six grounds for getting an annulment in court.

For example, if the grounds for an annulment include infidelity, sworn affidavits will likely be required from third parties that have personal knowledge of the facts surrounding the infidelity. This can be difficult or even impossible to do without the assistance of a private investigator. An annulment lawyer is crucial in these cases to handle the collection of evidence and the legal strategy. In addition, an annulment will usually involve a longer trial process because the spouse seeking an annulment must also provide proof that supports the claims they are making.

The other difference between an annulment and a divorce is that there is no time limit for filing. Regardless of the date that the annulment was filed, the court will review the evidence and make a determination as to whether or not the marriage should be annulled. However, if the marriage is deemed to be void at its inception, then there will be no need to litigate any issues such as equitable distribution and spousal maintenance. Consulting an annulment lawyer can help ensure all legal aspects are correctly handled.

An annulment is often the right choice for individuals who are concerned about the stigma associated with divorce or who do not meet the residency or age requirements to get a divorce in New York. However, the process can be lengthy and complicated because it involves a trial before a judge. A knowledgeable annulment lawyer can assist individuals with understanding the grounds for an annulment, compiling evidence, and representing them in court proceedings. To learn more about the process of obtaining an annulment, contact an experienced family law firm today.

Annulment law in New York Explained

The legal process of annulment is different from that of divorce. While a divorce dissolves a valid marriage, an annulment declares the marriage to have never legally existed from the outset. Those with religious or cultural objections to divorce may seek an annulment as a means of terminating their marriage and consulting with an annulment lawyer can provide crucial guidance. Annulments are not available in all circumstances, however. A New York Court can only annul a marriage under specific conditions.

There are many misconceptions about what exactly a civil annulment is and how it differs from a divorce. It is important for those seeking an annulment to understand these differences, because it will help them decide whether or not this is the right option for them. An annulment lawyer can help clarify these distinctions and assist in navigating the legal complexities.

In short, an annulment declares that a marriage was not valid from the outset, rather than ending it once it has become apparent that the marriage did not work out. A judge will order an annulment, which makes the marriage as though it had never occurred at all. This is often a better alternative for those with religious objections to divorce, as it will allow them to cite that they are never married. An annulment lawyer can guide individuals through this process, ensuring all legal criteria are met.

Like divorces, there are several grounds for a New York annulment. These include:

Lack of Consent
A common reason for an annulment is that one or both spouses were not able to give full consent to the marriage. This can include cases in which a person is coerced into the marriage, is mentally unfit at the time of the ceremony, or was tricked into marrying through fraud. Physical incapacity to engage in sexual intercourse can also be a ground for an annulment, provided the incapacity was not concealed at the time of the marriage. An annulment lawyer can help prove such grounds in court.

Prohibited Marriages
Certain types of marriages are void under state law, including bigamy, polygamy, and incestuous unions. Additionally, a marriage that is between relatives (including an aunt and niece or uncle and nephew) or between first cousins is void in New York. It is possible to seek an annulment based on a prohibited marriage, but this requires very strong evidence that the marriage was fraudulent or illegal from the outset. An annulment lawyer is essential in such cases to establish the legal grounds for annulment.

An annulment can be appealed, just as a divorce can be. However, the process of appealing an annulment is lengthy and expensive. Appeals are filed with the Appellate Division of the Supreme Court and require submission of briefs as well as copies of the court record from the trial court. If the court does not believe that you have met your burden of proof, it will reject your case and dismiss the annulment application. This is why it is so important for those who are considering an annulment to obtain the advice and services of an experienced annulment lawyer. 

Juan Luciano Divorce Lawyer

Juan Luciano Divorce Lawyer - Manhattan

347 5th Ave #1003, New York, NY 10016, United States

(212) 537-5859