Am I Eligible for an Annulment in New York State?

Am I Eligible for an Annulment in New York State?

Contrary to popular belief, an annulment is not an option if the marriage has only been for a short time. In fact, there are many factors that play into whether an annulment is applicable. Read on to learn more about these circumstances and how one of the talented New York City divorce attorneys at Zimmet Law Group, P.C. can review your situation and explore your alternatives.

How does the state of New York define an annulment?

An annulment is a court ruling that the marriage was never valid in the first place so therefore never existed. This is distinct from a divorce, in which the marriage existed. With the termination of a valid marriage and the inevitable discussions of property division and alimony, you may find it preferable to opt for the annulment route. However, there are specific qualifications you must fall under.

What are the grounds for annulment in New York?

Below are various scenarios in which marriage would be prohibited and therefore not recognized by the state of New York:

  • One spouse has an undissolved previous marriage.
  • One spouse is underage at the time of marriage.
  • One spouse has a mental illness.
  • One spouse has a physical incapacity to consummate the marriage.
  • The marriage is a result of force, duress, or fraud.
  • The two spouses are close relatives.

If you believe your marriage is invalid, contact one of the experienced New York City divorce attorneys today to get started on your annulment case.

What is the statute of limitations for annulment in New York?

The statute of limitations to file an annulment in the state of New York vary based on the circumstance of your claim. For instance, if you are seeking an annulment because you were underage, the statute of limitations stands until you are of legal age of consent and freely cohabitate with the other spouse. If your spouse has a physical incapacity, the time limit for obtaining an annulment is five years, but this is not an option if this was known at the time of marriage. For an undissolved previous marriage, this can be done at any time during the lifetime of you and your spouse. And for marriage due to force, duress, or fraud, this follows the New York civil statute of limitations of five years, but this is not an option if there was voluntary cohabitation after discovery.

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Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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