How to Start Your Annulment in NY
Even when an individual enters a marriage faithfully with the best intentions, they can learn that their marriage was based on fraud. Or perhaps they were uneasy about going into the marriage but felt forced. Maybe they didn't understand what was happening. There are instances when a marriage shouldn't take place, and if you believe you are in that situation, you may be entitled to an annulment in NY. If you have questions about New York annulments, DoNotPay can help you navigate the process.
What is an Annulment?
An annulment is the legal dissolution of an invalid marriage that renders it void. Annulments are valid alternatives to divorce, but unlike divorce, there must be very specific reasons for obtaining an annulment. A divorce can dissolve any marriage for any reason, while an annulment is reserved for very specific reasons which should have or would have prevented the marriage from taking place at all.
An annulment not only ends the marriage but also renders it null and void as if it never even happened. For this reason, there is a higher burden of proof and your request must meet specific requirements.
Grounds for Annulment in New York
||Minors (under the age of 18) must have written consent from both parents to get married. Marriages for individuals under the age of 16 also require approval from a judge. If these requirements are not met, the minor, or their parents or guardians, can seek an annulment.|
||If either spouse was found to be mentally ill, or mentally incapacitated in any way, at the time of the marriage, it can be annulled if either spouse is still alive.|
||If your spouse is mentally ill and cannot be cured, you may be able to obtain an annulment after five years.|
||If either spouse is physically unable to consummate the marriage, and was unaware of it at the time of marriage, it may be possible to seek an annulment. In NY, you must seek an annulment within the first five (5) years of marriage for this reason.|
||One of the most common grounds for annulment is fraud. If you were forced, pressured or tricked into the marriage, or fraud is involved, you may be able to seek and obtain an annulment. A green card marriage, or marrying to obtain immigration status, is a form of fraud. Claiming to be pregnant to get married, or claiming that you want children when you don't, are other types of fraud. A current spouse (bigamy) is also fraudulent.|
What Happens After an Annulment?
After an annulment in NY, your marriage is declared null and void. Here are several key points to keep in mind:
- There will still be a record of the marriage and annulment
- You and your former spouse can consider yourselves to have never been married
- Any children of the marriage are still legitimate
- You must handle issues with minor children, and you may need the court to issue custody orders, visitation rights, and child support
- You may need to distribute property (and debt), and there is a possibility the judge may order maintenance payments
DoNotPay Can Help You Start the Annulment Process
If you believe you meet the criteria for an annulment in New York, you're probably now wondering if you need an attorney to understand annulment laws. While an attorney can be beneficial for complicated cases, you may not need to shell out all those fees just yet.
DoNotPay can help you further understand your options and navigate the annulment process, and it can actually get started right now. You do not have to stress or worry about the process, because DoNotPay simplifies the process and contacts the court on your behalf.
- DoNotPay can issue you an informative Annulment Information Sheet so that you can better assess your situation
- DoNotPay can Write a Letter to Your Local Family Court when you are ready to petition the court for an annulment
It only takes 3 steps:
- Search for Annulment on the DoNotPay website.
- Kick off the process to see if your marriage is eligible for an annulment.
- Answer some specific questions about your marriage and see if your state law allows for an annulment.
How else can DoNotPay Help Today?
In addition to helping you understand and begin the annulment process, DoNotPay can help you work through many other issues including, but not limited to:
- Divorce Settlement Agreement
- Obtain Divorce Certificates
- Find and Claim Missing Money
- Navigate Insurance Claims
- Get Documents Notarized
- Protect Yourself from Harassment and Stalking
- Sue in Small Claims Court
- Handle Credit Card Issues
DoNotPay is here to help you understand your options and solve problems in a quick and easy way.