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When a couple obtains an annulment in New York, the marriage vanishes retroactively, as if they had never been married. A marriage in New York must be void or voidable to be annulled. A void marriage is flawed; no matter how long it exists, the marriage can never be legally valid. Void marriages can always be annulled in New York. A void marriage happens, for example, when one or both parties are ineligible to marry because they are too closely related, or when one or both people are already married.
Voidable marriages, on the other hand, require the presentation of evidence, for example, if one or both partners are incurably insane for five years or more, or if they are incapable of sexual intercourse. In an annulment, the court issues a declaration of nullity, which divides the marital estate property, settles child custody, and deals with any other issues. An annulment is functionally equivalent to a divorce, but it is ificantly harder to obtain an annulment in New York than a divorce. Many couples prefer divorce even if they may have been eligible for annulment.
Unlike a divorce, which can be based on irreconcilable differences, an annulment must be proven. In New York, although an annulment voids marriage, children born during the marriage are legitimate. Additionally, an annulment does nothing to affect custody or child support and also establishes a presumption of paternity. Law 24; and 48 N. The petitioner drafts a complaint, which includes a pleading and the formal statement of the claim for an annulment.
The complaint also lists the facts of the case. The petitioner prepares a summons, which gives notice of the action and specifies the date when the respondent defaults if he or she does not appear to defend the case. An annulment in New York requires a trial and hearing before a judge.
Unlike a divorce, which can be granted upon written or sworn testimony without a trial, an annulment requires at least one of the grounds to be proven in court. The summons and complaint are filed with the clerk of the Supreme Court in the county of residence. In New York, an action is commenced when you file the summons and complaint. A process server serves the summons and complaint on the respondent. The opposing party is entitled to formal notice that an action was brought against them.
The documents give them notice that they have to appear in the case and interpose a defense. A hearing is held and the judge decides. Zip Code:. X Close New York Info. Encyclopedia Checklists Tools Downlo Bookstore.
Start Your Divorce. New York Info. One or both spouses were under age 18 at the time of the marriage. However, if the spouses continue to freely live together after both have reached a majority, the claim is waived. One or both spouses were unable to consent to marriage due to mental incapacity. However, if the mentally ill spouse regains mental soundness and the spouses continue to cohabit, the marriage is ratified, and the grounds of mental illness are waived even when and if the mental illness returns.
Either spouse is physically unable to have sexual intercourse. Either spouse was incurably mentally ill for at least five years. The marriage consent was obtained by duress, coercion or fraud. However, if the couple voluntarily lived together the court will not annul on the ground of force or duress. Specifically, in a situation when fraud would be sufficient for an annulment, if the victim spouse discovers it but does not immediately separate, he or she has ratified the marriage, thus preventing an annulment. Find Professionals Choose a County! Easily Connect With a Lawyer or Mediator.
Settle Your Divorce. Support Forum. Start Your Divorce Today Explore your options. The information contained on this is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source has made no judgment as to the qualifications, expertise or credentials of any participating professionals. New York Annulments Annulments in New York When a couple obtains an annulment in New York, the marriage vanishes retroactively, as if they had never been married.
Grounds New York recognizes five grounds for annulment. Those grounds include: One or both spouses were under age 18 at the time of the marriage. Procedure The petitioner drafts a complaint, which includes a pleading and the formal statement of the claim for an annulment. the Network.Annulment new york state
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The Basics of Annulment in New York