What Is an Annulment in New York? | What to Know
If you would like to learn more about how an annulment works in New York, read on and reach out to our firm today to speak with a skilled Nassau County divorce attorney. Our legal team is on your side. Give us a call today to get started.
What is an annulment in New York?
An annulled marriage is deemed to be invalid from the beginning almost as if it had never taken place. Keep in mind that an annulment will only be awarded if the marriage was invalid in the first place. Unlike most people’s assumptions, an annulment is not available if the marriage has yet to be consummated, or if the marriage has only been for a short period of time.
The state of New York law has very clear foundations for an annulment. Those are an undissolved previous marriage, one spouse was underage at the time of marriage, one spouse is physically incapable of having sexual relations, consent to marriage by force, consent to marriage by fraud, or incapability of consent to marriage.
What is the time limit for obtaining an annulment?
Keep in mind that there is no time limit for acquiring an annulment in New York. This is because if the marriage is invalid, there is no amount of time that could pass to make that marriage valid. However, there are rare cases where one can validate a marriage and remove the option of annulment.
If one spouse has a prior marriage, an annulment is still an option. If one spouse is underage at the time of marriage, the marriage may be annulled only until the underage spouse is of legal age and cohabitates with their other spouse. If the marriage is invalid because of a mental illness, annulment is an option as long as the mental illness persists. The marriage is validated if the person with a mental illness freely cohabits with their spouse after they are restored to a sound mind.
If the grounds for the annulment are a physical incapacity to consummate the marriage, an annulment is only an option within five years of the marriage, as long as the incapacity was not known at the time of marriage. If the marriage is a cause of force, duress, or fraud, New York marriage law delays the time permitted to seek legal action for those civil misconducts.
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