What to Know About Filing for an Annulment in New York State

Since divorce is often a long, expensive, and complicated process, an annulment may seem to be the preferable choice. However, specific factors determine whether you qualify to file for one. Learn what these criteria are and how a proficient Nassau County divorce lawyer can help you determine your options.

How does the state of New York define an annulment?

An annulment is a court ruling that the marriage was never valid in the first place so therefore never existed. This is different than a divorce, in which the marriage was legitimate and indeed existed, so with its termination comes decisions on property division and alimony.

Am I eligible for an annulment in New York?

The state of New York considers marriage between close relatives to be prohibited and therefore invalid. If this is your situation, then you would be eligible for an annulment. Other grounds for an annulment are if you or your spouse have an undissolved previous marriage, a physical incapacity to consummate the marriage, or were underage at the time of marriage. Also, if you or your spouse have a mental illness or incompetence that is preventative of proper decision making, the marriage contract is voidable. Marriage is also invalid and therefore qualifiable for annulment if it was a result of force, duress, or fraud. If your marriage falls under any of these circumstances, it is important that you contact a skillful Nassau County divorce lawyer today to get you started on your annulment case.

What is the statute of limitations for annulment in New York?

The statute of limitations to file an annulment in the state of New York vary based on the circumstance of your claim. Examples read as follows:

  • You or your spouse were underage at the time of marriage: file before the legal age of consent.
  • You or your spouse have a physical incapacity to consummate the marriage: file before the five-year anniversary of your marriage. However, this is not an option if this was known at the time of marriage.
  • You or your spouse have an undissolved previous marriage: file at any time during the lifetime of you and your spouse.
  • You or your spouse experienced force, duress, or fraud: file before the five-year anniversary of your marriage. However, this is not an option if there was voluntary cohabitation after discovery.

Contact Our Experienced Nassau County Firm

Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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