New York Marriage Annulment
There are many reasons why couples seek an annulment over a no contest divorce. An annulment can be a way of erasing the past, and suits those couples who had a short “marriage” without children or attachments whereas a divorce concludes and provides closure to a significant aspect of your life. Other reasons can be that the individuals also intend to seek a religious annulment following the civil annulment. This enables Catholics and other religious peoples to remarry in their church or synagogue. While we can certainly help with the legal, civil aspects of an annulment you should seek the advice of clergy for any religious annulment you may wish to obtain.
Some marriages are void at their very inception and were never legal marriages. Those marital situations which meet the “void ad ignition” criteria would be those marriages between two relatives, a marriage performed by someone not authorized by the state to do so, or if one party in the marriage still has a living spouse. While technically, they were never a legal marriage and paperwork is not wholly necessary, it is a best practice just in case there are problems in the future when you attempt to marry again. It will save time proving you are free to marry. Don’t worry that it will be a drawn out process, an annulment attorney can easily rectify the situation by filing appropriate paperwork with the courts.
Obtaining an annulment for those marriages that do not meet the above criteria requires some hand waving and legal maneuvering. The state forces you to meet one of the following criteria: one or both parties below the legal age of consent, the individual is incapable of consent—the annulment attorney would need to present evidence of mental incapacitation, if one partner has an incurable physical condition which prevents sexual relations, that the marriage was entered into by threat or fraud, or the individual has an incurable mental illness. Most individuals seeking an annulment will usually cite “fraud” as cause, and their attorney will need to address this in the documentation and file it with the courts. In a voidable marriage the courts will need to address and approve the annulment.
If you are seeking an annulment for any reason it is best to speak to an annulment and divorce attorney in New York that can help you figure out which approach works best for you.