Annulment in New York 2024 – All You Need to Know

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 annulment. 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. This may help you or someone you know find the right resolution to the dissolution of their marriage.

Annulments, Divorces, and Legal Separations

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:

• 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 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 that proves one of the five qualifying categories applies to the marriage.

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.

FAQs About Annulment in New York

How Long Do You Have to Be Married to Get an Annulment in New York?

For a marriage to be considered for annulment, it must take place within the first five years of the marriage. Whether the marriage is void from the start or there are reasons to invalidate it, time plays a role in the annulment. 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.

How Does Annulment Work in New York?

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 to be invalid as well as any corroborating witnesses.

What Is the First Step in Annulment in New York?

The first step to 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 attorney will be able to assist with filing the paperwork and ensuring everything is correctly filled out.

How Much Does an Annulment Cost in New York?

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

To file for an annulment will cast $395. When you speak with a family attorney, you should inquire about their costs and the timeline that they think it will take.

Rochester Family Law Attorney

If you or a loved one is in a marriage that qualifies for annulment, it may be beneficial to speak with one of our family law attorneys. At Trotto Law Firm, P.C., we know the delicateness and complexity of these situations. We can use our knowledge and experience to help find the right solution for you. Contact our offices today.