Getting an Annulment in New York

An annulment is the method by which marriages, which are legally invalid, are set aside. In New York there are two types the one that is granted by the domestic court and the other which is granted by an authorized religious official. There are a certain circumstances that must be present in order to get an annulment in New York.

Grounds for Annulment in New York

Unlike a divorce, which declares that two parties have decided to end their marriage, an annulment is based on the fact hat no legal marriage ever existed. A person seeking an annulment must set forth a legally recognized reason or grounds for filing, they include:

Marrying someone that was already married
One of the spouse having incurable mental illness
One or both of the parties being underage
Fraud
Forced marriages
Lack of mental capacity to form valid consent

Time Limits For Annulment

The party seeking to have the marriage annulled must make sure that he or she files the appropriate paperwork within the guidelines set by the State of New York. Marriages that were entered to with people that were already married, by fraud/duress, or with mentally handicapped individuals can be dissolved until one the parties' dies. If it is annulment due to a party being under age, the time limit expires when the underage party reaches the age of majority if they continue to willingly live in the same home. Annulments based on incurable mental illnesses must be filed within a five-year time frame from the diagnosis.

Process of Annulment

The plaintiff, who can also be the parent or guardian, of a child that is underage or a mentally handicapped individual, will file a complaint for annulment with the clerk of court in their county. They will then have to have the other party served by the Sheriff's department. The Defendant will have 30 days to file an answer to the complaint. Either party can request to have the matter tried by a jury if it is contested. The matter can also be resolved a judge or by the parties reaching an agreement.

Seeking Legal Advice

Annulments can be complicated, especially if you don't have an attorney to represent you. Only a licensed attorney will be able to provide you with the advice and guidance that you need to ensure that your annulment goes thru with unnecessary delay. Don't be tempted to handle an annulment yourself, contact an experienced lawyer licensed to practice area in your state.

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