Divorce is the most common way that a marriage ends. However, there is another option if you can meet all the requirements. That is through the process of getting an annulment in New York. When granted, it determines that the marriage was never valid and is therefore considered void. This can be an appealing option for many, particularly those with religious or cultural objections to marriage. However, the rules are very strict, and only certain couples qualify.
Because annulments are not that widespread, they can easily become confusing, and false assumptions can occur. Therefore, it is important to understand what they are, how they work, and why they exist. You’ll also want to hire a family lawyer during this time. This may help you or someone you know find the right resolution to the dissolution of their marriage.
Work With Trotto Law Firm, P.C., Today
For the past 17 years, the team at Trotto Law Firm, P.C., has helped hundreds of New York residents during their family law cases. Our founding attorney, Jonathan Trotto, comes from a lineage of attorneys. He has seen firsthand the devastating impact a family law case can have on individuals and their loved ones.
He created Trotto Law Firm, P.C., with the desire to make skilled legal services accessible to those who need them most. He passes no judgment on his clients and strives to make the legal process as easy to understand as possible.
Annulments, Divorces, and Legal Separations
In 2024, there were around 4,382,123 married couples living throughout New York State. In 2021, there were 689,308 divorces in the United States. The three ways that couples seek to legally create distance between themselves and their marriage are:
- Divorce. In a divorce, a couple seeks to end their valid marriage. At the conclusion of the divorce, the parties involved are free to get married again or remain single.
- Separation. The couple is not ending the marriage or declaring it invalid. It simply means they are remaining married and settling all affairs as if it were a divorce. However, they cannot enter into another marriage.
- Annulment. This declares that a marriage was never valid or is considered invalid. At the conclusion of an annulment, it is as if the two parties had never been married.
Void and Voidable Marriages
Annulments are only allowed when a marriage is considered invalid. This may seem ambiguous because a person is either married or they are not. However, there are certain unlawful situations in which two people enter into a marriage.
According to the New York annulment statute, there are five grounds for which a marriage could be voided. These include the following:
- One or both of the parties to the marriage were not 18 at the time the marriage occurred.
- There was an incapacity in one of the parties that negated their ability to consent.
- There was an inability to consummate the marriage because of physical limitations in one of the parties.
- The marriage was performed based on fraud, one of the parties was under duress, or one of the parties was coerced into the marriage.
- One of the spouses in the marriage was mentally ill for a minimum of five years.
Even if a marriage falls into one or more of these voidable categories, it is not automatic that an annulment will take place. If, for example, a couple qualifies for annulment because they chose to marry at the age of 16, but they are now 21 and attempting to dissolve the marriage, they would not qualify.
The reason for this is that, while the marriage was illegal when it occurred, once they were of legal age, they chose to continue cohabiting with one another after they both reached the age of consent.
In another situation, a spouse may have been defrauded by the other, but they stay together after the fraud has been revealed. They may not use an annulment because there is now knowledge of the fraud, and a choice to continue their union was made.
Another way that an annulment can apply is if the marriage was void from the beginning. Examples of void marriages include:
- The marriage was incestuous.
- One party was still in a legal marriage with someone else.
- The marriage occurred with all legal intent but was solemnized by someone without the authority to do so.
Getting an Annulment
If a marriage qualifies for an annulment, the process is just as, if not more, complicated than a divorce. Divorces can be filed uncontested, which allows spouses to avoid a courtroom trial. However, annulments must be litigated in a courtroom. There must also be a presentation of evidence to prove that one of the five qualifying categories applies to the marriage.
Deadlines and Disqualifiers for an Annulment in New York
In New York, there are various deadlines to get an annulment, and specific factors may disqualify you from getting one. For example, to get an annulment due to physical incapacity, the incapacity must be permanent and ongoing. Physical incapacity regarding marriage means being physically unable to have intimate relations with your spouse. The annulment must be filed within five years of the marriage.
For those wanting to get an annulment due to fraud, the deadline to file is three years from the date you first discovered the fraud. For example, a fraudulent marriage can include situations where one spouse enters the marriage while knowing that they are already legally married to someone else, and they hide that fact so the other spouse will consent to the marriage.
However, if the harmed spouse was fully aware of the fraud and moved in voluntarily with the offending spouse, they cannot get an annulment.
Family laws establish no time limit to get an annulment in situations where the marriage was made due to force or under duress. For example, if one spouse was threatened with physical harm unless they agreed to get married, they can annul the marriage at any point. However, if the couple voluntarily moves in together and the duress ends, the harmed spouse may not be eligible for an annulment, depending on the individual judge’s views on the case.
Regarding mental incapacity, if someone knew that their spouse had a mental incapacity but still chose to live with them, they may not be eligible to get an annulment. Cohabitation often shows the court that the spouse wanting to annul the marriage has formally acknowledged the marriage, making it difficult to get an annulment in specific situations.
Annulment Settlements
Although annulment and divorce are two separate processes, they do share a common ground. They must reach a settlement on many of the same concerns facing married couples. These include:
- Spousal maintenance
- Marital property division
- Child support, custody, and visitation
The same considerations are applied to annulments in these situations as to any divorce. The two parties involved still:
- Shared a portion of their lives together.
- Accumulated debt.
- Gained assets.
They may also have started a family, for whom they are still responsible.
Filing for an Annulment in New York
You can file for an annulment in New York if one of these is true:
- You got married in New York, and one spouse is a New York resident who has lived continuously in New York for one year.
- You live in New York as spouses, and either spouse is a New York resident who has lived in New York continuously for one year.
- The reason for the annulment occurred in New York, and either spouse has lived continuously in New York for one year.
- The reason for the annulment occurred in New York, and both parties had been New York residents when they filed their case.
- Either spouse has lived in New York continuously for two years.
FAQs
Q: How Long Do You Have to Be Married to Get an Annulment in New York?
A: How long you have to be married before getting an annulment varies based on the grounds for the annulment. Whether the marriage is void from the start or there are reasons to invalidate it, the time limit for an annulment will depend on the individual circumstances. If a marriage is considered invalidated but, upon learning of the circumstances, the marriage continues, the couple may be forced to divorce instead of annulling.
Q: How Does Annulment Work in New York?
A: Annulments are a legal ruling that a marriage is void or invalid. These rulings are similar to a divorce in that they legally end a marriage. An annulment must be tried in a courtroom in front of a judge. The proceedings will include evidence to prove the marriage invalid as well as any corroborating witnesses.
Q: What Is the First Step in Getting an Annulment in New York?
A: The first step in getting an annulment in New York is to file a petition and subsequent paperwork with the court. Supporting documentation will include necessary evidence for your case as well as a list of witness information. Your New York family attorney can assist with filing the paperwork and correctly filling everything out.
Q: How Much Does an Annulment Cost in New York?
A: The costs for an annulment can vary, depending on:
- The circumstances surrounding the annulment
- The amount of time an attorney needs to spend on your case
- Any additional costs associated with your case
The filing fee will vary, as local courts will set their own fees. When you speak with a family attorney, you should inquire about their family lawyer fees and the timeline that they think it will take.
Hire a Family Lawyer From Trotto Law Firm, P.C.
If you or a loved one is in a marriage that qualifies for annulment, it may be beneficial to speak with our family law practice. At Trotto Law Firm, P.C., we know the delicacy and complexity of these situations. We can use our knowledge and experience to find the right solution for you. Contact our office today to discuss the unique details of your situation.
