We are sorry to hear that your marriage did not work out as you had hoped. Based on your personal experience and other extenuating circumstances, you may want to pretend as if this marriage never happened in the first place. That is, you may want an annulment rather than a divorce, so that your marriage is declared null and void and treated as if it never legally existed. At Barrows Levy, PPLC, we will help you understand your rights to pursue an annulment, along with the critical implications of doing so. Read on to discover how one of our seasoned Long Island annulment lawyers can guide you through this unique area of family law and determine whether this is the most appropriate path for you to pursue.
New York’s Acceptable Grounds for Annulment
Despite what you may initially assume, simply being unhappy with a marriage is not enough to justify an annulment petition to the New York State Family Court. Rather, a petitioner must be able to establish that their marriage was invalid from its inception based on any of the following legal grounds:
- Bigamy: one spouse was already legally married to someone else at the time of the marriage.
- Incest: the marriage was between close family members related by blood or through adoption.
- Lack of Capacity: one spouse lacked the mental capacity to consent to the marriage due to a mental illness, state of intoxication, etc.
- Fraud or Misrepresentation: one spouse may have lied about certain things that make up the essence of the marriage, like the ability or intent to have children.
- Underage Marriage: one or both spouses may be younger than 18 years old, below the legal age of marriage in New York State.
Each ground involves very specific legal standards and evidentiary requirements, making an annulment more complex and fact-sensitive than a divorce. So please allow our team of Long Island family lawyers at Barrows Levy, PLLC, help you collect sufficient, relevant proof to strengthen your annulment case.
The Implications of Receiving an Annulment
When an annulment petition is successful, the marriage will be treated as though it never occurred. While this is what petitioners think they want, many fail to consider the serious legal implications it can have on their lives going forward. That said, the following must be carefully contemplated:
- Property and Debt: an annulment generally requires two parties to divide property and assets based on sheer fairness rather than established marital property laws.
- Alimony: entitlement to spousal support may be very limited since an annulment indicates that the marriage never existed.
- Child Custody and Support: New York law protects children’s rights regardless of being born during an annulled marriage, but these issues may be handled under separate family court proceedings.
Your lawyer will educate you on these implications and advise you on whether the benefits of an annulment outweigh its drawbacks, given your unique situation. We will never lead you down a path you do not feel wholeheartedly comfortable with.
The Importance of Filing for an Annulment Promptly
In New York, there is no established deadline for filing for an annulment, but petitioners may have anywhere from three to six years, depending on the grounds they choose to cite. For example, a fraud claim requires filing within three years of discovery, while an underage marriage may allow six years.
Regardless, you do not want to mistakenly miss your opportunity to pursue an annulment, so the sooner you take action, the better. This is not to mention that certain evidence you require to back up your claims may lose its significance as more time passes. When working with Barrows Levy, PLLC, you may feel confident that your annulment process will happen efficiently and effectively.
Contact Our Annulment Lawyers on Long Island, NY
The skilled Long Island annulment lawyers at Barrows Levy, PLLC, represent individuals throughout Nassau County, Suffolk County, and the greater Long Island area in annulment and related family law matters. Whether you believe your marriage was legally invalid from the start or you simply need help better understanding your options, our attorneys are prepared to advocate for your interests. Contact us today to schedule an initial consultation and take the first step toward reaching a resolution that offers you much-needed relief.
