Annulment Lawyer in The Bronx, NY

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Annulments are legal procedures that nullify a marriage, declaring it void and as if it never occurred. While marriages may sometimes end through a divorce, an annulment treats the marriage as if it never existed. Just as with getting a divorce, state laws can vary depending on the grounds on which an annulment can be granted. Getting an annulment in New York is no exception. New York law has specific rules that govern when an annulment can be granted and it is important to get quality legal advice when filing an annulment.

Working with an experienced Manhattan annulment attorney can provide you with a sense of security and ease that your annulment is being handled competently. At New York Family Law Group, our team of skilled NYC family law attorneys has assisted many New York couples in filing for an annulment in a way that emphasizes both objectivity and compassion. We understand the long-standing impact family law concerns can have on an individual and their family. We work diligently to minimize heartache while protecting your best interests.

To learn more about how we can assist you, contact us today at  (347) 212-5113 to schedule a consultation.

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Top-Rated NYC Annulment Attorneys

An annulment is a legal decree that declares a marriage null and void, meaning that it never existed. Unlike a divorce, which dissolves a valid marriage, an annulment treats the marriage as if it never took place or as invalid. In the eyes of the law, both parties are returned to their pre-marriage legal status. Annulments can be granted in both civil and religious institutions, but this article will focus on civil annulments.

It is essential to note that annulments can be more difficult to obtain than divorces. Courts rarely grant annulments, and the burden of proof lies with the person seeking the annulment. They must provide evidence that the marriage was never legally valid in the first place or was obtained under false pretenses.

Steps to File for Annulment in ManhattanDetails
Prepare the required formsCompletion of Summons and Verified Complaint detailing grounds for annulment and necessary marriage information. List of witnesses may also be included.
Serve the documentsThe respondent must be served with annulment papers according to New York’s service of process rules. This can be done by a designated adult, a county sheriff, or a process server.
File the papers with the courtSubmit the completed forms along with a filing fee to the Civil Branch of the Supreme Court in the county where either spouse resides.
Attend any necessary court hearingsIf appropriate grounds for annulment are found and all required steps are completed, a final hearing will be scheduled. Additional evidence or testimony may be required by the judge.
Obtain the annulment decreeIf the annulment is approved, a formal Decree of Annulment will be issued, officially invalidating the marriage.

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Grounds for Annulment

As with a divorce, couples who wish to file for an annulment in New York must also declare a ground to apply for their annulment:

  • Fraud or misrepresentation: This occurs when one spouse lies or misrepresents critical facts that impact the decision to enter the marriage.
  • Incest: Marriage between close family members is prohibited.
  • Bigamy/Polygamy: A person is not allowed to be married to more than one person at a time. If it is discovered that one spouse is already married, the new marriage can be annulled.
  • Mental illness: If either spouse has had an incurable mental illness for five years, it may be used as a ground to annul the marriage.
  • Coercion/Incapacity: If one party was forced into marriage against their will or was unable to consent due to mental incapacity, the marriage can be annulled.
  • Age restrictions: In New York, persons under the age of 18 who wish to marry need the consent of both parents. If the person is under the age of 16, they need to secure an order of approval from a judge. If one of the parties was underage (below 18 years old) at the time of marriage and did not have proper consent from a parent or guardian, the underaged spouse or their parent/guardian can file for annulment.
  • Sexual incapacity: If one or either spouse cannot consummate the marriage, but did not know of their inability to have sexual relations before the marriage, it may be used as grounds for annulment. When using this ground, it is important to file the annulment within five years of the marriage.

To get a judgment of annulment in New York, it is necessary to establish and prove that the ground has had a detrimental effect on the marriage and to file the annulment in a timely manner.

For example, a judge may be less inclined to grant an annulment in a case where one of the spouses is underaged but the spouse or the guardian waited until they were over 21 to file the annulment. Also, suppose the spouses married due to misrepresentation but the spouses continued to live together after the discovery of the fraud. In that case, the misrepresentation may not be used as a claim for the annulment. This also applies to mental incapacity, while it can be used as ground if a medical expert deems a spouse mentally ill for the past five years, mental illness can no longer be considered ground if the spouse enters a period of sound mind and the couple continues cohabitation as a married couple. 

While an annulment may not be a valid process to explore in these circumstances, couples can still file for divorce depending on the specific grounds applicable in their case.

Compared to a divorce in New York which allows a couple to use no-fault-based grounds to file a divorce and avoid court intervention, an annulment requires a judge to make a decision on the validity of the marriage. To obtain an annulment, the person must provide evidence that proves one of the grounds for annulment is present in their situation. It is often difficult to obtain an annulment due to the high burden of proof involved.

An experienced New York City annulment attorney can help provide you with the necessary guidance and knowledge needed to successfully file an annulment in New York. An attorney can help you determine the particular ground for annulment in your case and assist you in compiling evidence that would help strengthen your claim. Contact the New York Family Law Group today to schedule a consultation.

Annulment versus Divorce

While both annulments and divorces end a marriage, they differ in significant ways. A divorce dissolves a legally valid marriage, while an annulment treats the marriage as if it is invalid. Additionally, the grounds for seeking annulments differ from the grounds for divorce. A divorce generally requires proving a fault-based ground or citing irreconcilable differences that led to the breakdown of the marriage. In comparison, an annulment must be based on the invalidity of the marriage from the outset.

Divorces typically involve more complex legal processes than annulments, such as the division of assets, child custody, and spousal support. This is because the marriage is considered a valid union that has legal and financial consequences for both parties. 

However, it is important to note that any children shared by the spouses during their marriage remain legitimate and a record of the marriage and the annulment will still remain. Concerns regarding the custody of minor children, child support, and visitation can be discussed and agreed upon by the parties or the court can issue an order.

The court can also issue an order regarding the distribution of any marital property to ensure equitable distribution and may also include an order for spousal support just as the case in a divorce.

Each case is unique and a couple’s circumstances can affect the judgment heavily. Getting the help of an experienced Manhattan family law attorney can help give insight into the annulment process in New York City and assist in providing information about the processes involved. Call New York Family Law Group today to schedule a consultation.

When a marriage is annulled, it is considered void, and the parties are returned to their pre-marriage legal status. That means that any joint property or financial arrangements are typically addressed to satisfy both parties. As mentioned, in some cases, the court may assign support payments or property division after annulling the marriage. Child custody and support may be addressed in annulments involving children, but the procedures may differ from those in a divorce.

One significant effect of an annulment is that both parties are free to remarry as if they were never married before. For some individuals, particularly those with religious beliefs that prohibit divorce or remarriage after divorce, an annulment may provide a way to move forward with their lives without violating their beliefs.

In conclusion, annulments are a legal option for individuals seeking to invalidate their marriage, but they can be difficult to obtain and are granted only under specific circumstances. The process for obtaining an annulment varies by jurisdiction, and understanding the differences between annulments and divorces is critical for those considering either option.

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Martin Mohr & Ethan Steward

Managing Partners of New York Family Law Group

New York State Annulment Requirements

In New York, annulments are granted under limited circumstances compared to divorce. The New York Domestic Relations Law (Article 9) governs the grounds for annulment and related processes.

There are two types of annulment:

These marriages are automatically considered void, and the couple does not need to take any action to invalidate the marriage. However, it is still recommended to seek a formal court-issued annulment to avoid any potential legal complications.

Grounds for void marriage include:

  • Bigamy: If a spouse is already legally married to someone else at the time of the marriage.
  • Consanguinity: If the spouses are close blood relatives.

These marriages are considered legal until one of the spouses successfully seeks an annulment.

Grounds for a voidable marriage include:

  • Underage Marriage: If either spouse was married under the age of 18 without the consent of both parents or under 16 without consent of both parents and an order of approval from a judge.
  • Inability to Consummate the Marriage: If either spouse is unable to have sexual intercourse.
  • Incapacity: If either spouse is mentally incapable of consenting to the marriage.
  • Coercion: If consent to marry was obtained through force, duress, or fraud.
  • Incurable mental illness: If a spouse is found to be mentally ill for at least 5 years of the marriage and three court-appointed physicians have corroborated the diagnosis

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There is a statute of limitations for seeking an annulment in New York, depending on the grounds for the annulment:

  • Underage marriage: Annulment must be initiated within two years after the spouse turns 18.
  • Inability to consummate the marriage: Annulment must be initiated within five years after the marriage.
  • Incapacity: A suit for annulment can be initiated at any time during the incapacitated spouse’s incapacity or within five years after the incapacity ends.
  • Coercion or fraud: Annulment must be initiated within two years after the discovery of coercion or fraud.
  • Incurable mental illness: Annulment can be initiated at any time during the marriage provided that the mental illness has been diagnosed to have existed for at least five years.

To file for an annulment in Manhattan, at least one of the following residency requirements must be met:

  • Either spouse has been living in New York for at least one year.
  • The couple was married in New York, and at least one spouse has been living in the state for one year before filing for annulment.
  • The cause for the annulment occurred in New York, and at least one spouse has been living in the state for one year before filing.
  • Both spouses are residents of New York at the time of filing, and the cause for the annulment occurred in New York.

To file for an annulment in Manhattan, the following steps must be taken:

  • Prepare the required forms: The petitioner must complete a Summons and a Verified Complaint, detailing the grounds for annulment and necessary information about the marriage. This can also include a list of witnesses who can corroborate the matters of the grounds for annulment.
  • Serve the documents: The respondent (the other spouse) has to be served with the annulment papers in accordance with New York’s service of process rules. This can be done by a designated adult, a county sheriff, or a process server.
  • File the papers with the court: Once the above steps are completed, the petitioner must submit the forms, along with a filing fee, to the Civil Branch of the Supreme Court in the county where either spouse resides. 
  • Attend any necessary court hearings: If the court finds appropriate grounds for annulment and all necessary steps have been completed, a final hearing will be scheduled. During the hearing, the judge may require additional evidence or testimony to grant the annulment.
  • Obtain the annulment decree: If the judge approves the annulment, a formal Decree of Annulment will be issued, officially invalidating the marriage.

It is essential to consult with an experienced family law attorney throughout the annulment process, as they can provide guidance and assistance in navigating complex legal procedures and requirements. Our attorneys at the New York Family Law Group can provide additional information and help you navigate the annulment process. Contact us today for a consultation.

The cost of getting an annulment in New York can vary depending on several factors, such as the complexity of the case, the attorney’s fees, and court filing fees.

Attorney’s fees can vary widely depending on the attorney’s experience, reputation, and the complexity of the case. Some attorneys charge an hourly rate, while others may charge a flat fee. In general, the more complex the case, the higher the attorney’s fees will be.

Court filing fees in New York vary depending on the county where the case is filed, but they are typically around $400 to $500. Additionally, there may be other fees associated with the case, such as fees for serving papers or fees for obtaining copies of documents.

It’s important to note that annulments can be more expensive than some types of divorces because annulments require a higher level of proof and evidence. If the case involves complicated issues, such as a dispute over property or financial assets, the parties may need to hire expert witnesses to provide testimony. The cost of hiring an expert witness can vary widely depending on the circumstances of the case.

Overall, the cost of getting an annulment in New York can range from a few thousand dollars to tens of thousands of dollars, depending on the specific circumstances of the case. It’s essential to speak with an experienced Manhattan annulment attorney to get an accurate estimate of the costs involved in your particular case. To learn more about the costs associated with filing an annulment in New York, contact New York Family Law Group today.

How Working with an Experienced Manhattan Annulment Attorney Can Help

An annulment is a legal process that declares a marriage null and void, as if it never happened. There are specific qualifications that must be met in order for a marriage to be annulled, and not all marriages will qualify. An experienced attorney can help provide the legal services couples seeking an annulment may require. These services include legal consultation and advice, assistance in preparing the necessary documents, representation in court, and negotiating with the other party.

One of the primary services provided by a Manhattan annulment attorney is legal consultation and advice. It is essential to understand the legal requirements for an annulment in New York and whether your specific situation meets those requirements.

In an initial consultation, an annulment attorney will discuss the circumstances of your marriage, the reasons you wish to seek an annulment, and whether your marriage might qualify for an annulment under New York law. An attorney can also guide you through the differences between an annulment and a divorce, as well as the pros and cons of each option.

Furthermore, a Manhattan annulment attorney is knowledgeable about the complex annulment process and will help you navigate and understand the various legal steps, requirements, and procedures involved. They can provide you with advice on the necessary documentation, timelines of the process, and potential difficulties that could arise.

A Manhattan annulment attorney can assist in the preparation of the necessary legal documents and forms required to initiate the annulment process. This includes drafting the annulment petition, which contains essential details about your marriage, the ground(s) for an annulment, and any other necessary factors.

An experienced annulment attorney will ensure that the petition is filed correctly and on time to avoid unnecessary delays or complications. They will also help you gather evidence and supporting documents for your case, such as medical records, financial documents, or copies of important communication, to reinforce your grounds for an annulment.

Another critical service provided by a Manhattan annulment attorney is representing you in court. While some annulment cases may proceed more smoothly than others, it can be necessary to appear before a judge to plead your case, provide evidence, or address any issues the other party may bring up.

Having an experienced annulment attorney to represent you in court will ensure that your rights are protected, your case is presented effectively, and the judge has all the necessary information to make an informed decision. Your attorney will handle all communication with the court and guide you through the entire process, alleviating some of the stress and uncertainty that can come with a legal proceeding.

In some annulment cases, it might become necessary to negotiate with the other party over various issues, such as property division, spousal support, or even child custody if children were born of the marriage. A Manhattan annulment attorney can represent your best interests in these negotiations, ensuring you receive a fair resolution that meets your specific needs and goals.

Additionally, your attorney will help you navigate any potential obstacles, disagreements, or misunderstandings with your spouse and work towards a mutually agreeable outcome. An attorney’s knowledge of annulment law and skilled negotiation tactics can make a significant difference in the final resolution of your case.

A Manhattan annulment attorney can provide valuable assistance to couples seeking to dissolve their marriage through annulment. The process can be complicated and emotionally challenging; having an experienced attorney to provide professional guidance, representation, and support can greatly ease the burden and help ensure a successful outcome.

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Get the Help of Our Skilled Manhattan Annulment Attorneys at New York Family Law Group Today

Filing for an annulment in New York can be a complex and emotional process. An experienced annulment attorney can provide valuable assistance in navigating both the legal and emotional aspects of the case. An attorney can provide guidance and advice on the legal grounds for annulment in New York, help you understand your legal rights and options, and assist in preparing and filing the necessary paperwork. They can also represent you in court and negotiate a settlement between the parties.

Additionally, dealing with a legal matter concerning family can have a deep psychological and emotional impact. An attorney can help alleviate some of the emotional burdens by providing a supportive and understanding ear. They can help you manage your expectations and provide guidance on how to cope with the challenges of the process. Your attorney can also act as an advocate that will further your best interest in and out of the court.

Our team of skilled Manhattan annulment attorneys at New York Family Law Group can provide you with valuable assistance in navigating both the legal and emotional aspects of filing for an annulment in New York. Our attorneys are dedicated to helping spouses arrive at a beneficial solution even if that means that they move forward in life independently from each other. Our team works diligently to provide experienced legal assistance and representation in matters of family law and has helped numerous families achieve positive outcomes in their cases.

To schedule a consultation with one of our attorneys, contact New York Family Law Group today at (718) 293-1542.

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