What is marriage annulment?
A legal procedure for declaring a marriage null and void. A marriage that legally should not have happened.
What are some situations in which a void marriage took place? [Grounds for an annulment]
- Marriage between close relatives
- Marriage in which one of the parties is still married to another person and that person is still alive
- Marriage in which the ceremony was performed by someone who did not have proper authority
- In NYS if one of the parties is under 18 a marriage can also be annulled
- If one of the parties is mentally incapable of understanding the contract into which they’ve entered, the marriage can also be annulled
- If one of the parties is physically unable to have sexual relations with the other party the marriage can be annulled
- If the marriage was entered because one of the parties was under force or there was fraudulent conduct
Before filing my petition for annulment, how long would I have to be a resident of NYS?
The Family Law Codes of New York require residency for a minimum of one year prior to filing for annulment.
Is it really necessary to get an attorney for my annulment?
Get a lawyer especially if you have issues involving children of the marriage or large amounts of property that need to be divided between you and your spouse.
When do I need permission from a judge to annul my marriage?
If you entered into a marriage that is “void” rather than “voidable” you don’t need a judge’s permission to annul the marriage.
What is the difference between a “void” marriage and a “voidable” marriage?
A voidable marriage can be cancelled at the option of one of the parties. The marriage is valid but can be cancelled if contested by either party. A void marriage is on its face unlawful and, therefore, legally has no effect. An example of a void marriage is a marriage in which one of the parties is still married to another person and that person is still alive.
In what case should I file a petition for annulment?
File a petition for annulment whether the marriage is one that is “void” or “voidable”.
Who can file for an annulment?
Only the innocent party (seen as having done nothing wrong in the marriage) can file for an annulment.
Where do I obtain the forms for my annulment?
Who should give my spouse a copy of my annulment petition?
The court requires that a third party give your spouse the documents.
What is a proof of service and when do I have to return it to the court?
A proof of service notifies the court that your spouse was given a copy of the annulment documents by a third person. The proof of service needs to be filled out by the person that presented the documents to your spouse. It must be returned to the court within 120 days after you file your annulment.