An annulment (also called “nullity of domestic partnership” or “nullity of marriage”) is the legal process to declare a marriage null and void. Unlike divorce, it is retroactive. Annulled marriage is considered to be invalid from the beginning, almost as if it had never taken place. Another major difference between annulment and divorce is that divorce grounds are relatively easy to prove.
Under New York law, some marriages are void from their inception. These marriages are not recognized as valid no matter how long the participants have been married. These are called void marriages. Although such a marriage is considered void from the start, it is necessary to commence an action entitled “Action to Declare The Nullity of a Void Marriage” with the Court.
Examples of void marriages are:
- Incest – A marriage between two closely related family members, such as a brother and sister, and uncle and niece or an aunt and nephew
- Bigamy – A marriage when one of the parties is still married to someone else at the time of this marriage.
Under New York law, there are also voidable marriages, which are do not meet the above conditions, but which can be annulled nevertheless if any of the following conditions is met:
- Physical Disability – You or your spouse has some kind of incurable physical disability that is directly or indirectly affecting their ability to have sexual intercourse.
- Underage Marriage – One or both parties were not at the legal age of 18 at the time of the marriage. This can be annulled at the discretion of the Court, if the spouse who is under 18 wants an annulment. It will not be granted if the minor cohabited freely with the other party after reaching the age of 18.
- Insanity – One partner becomes incurably insane for five years or more after the marriage. The Court may include in such an annulment judgment a provision that includes suitable support, care and maintenance of the disabled spouse for the life of that spouse, payable from the property or income of the non-disabled spouse.
- Force -If you have been forced into a marriage against your will, the marriage laws of New York will not recognize it.
- Fraud – If your consent for the marriage has been obtained by fraud or misrepresentation, you can get an annulment. Concealment of an important material fact would constitute fraud.
Schedule a free consultation with a Long Island Annulment Lawyer today.
The attorneys at Jacoby & Jacoby will help you in determining whether or not you qualify for an annulment and if so, can assist you with the process. Call one of our four convenient Long Island locations or contact us online for a free consultation.
Medford, NY: 631-289-4600
Miller Place, NY: 631-821-8800
Shirley, NY: 631-281-2234
Nassau County, NY: 888-452-2629
