Marriages are usually an unforgettable experience between two people madly in love. Sometimes, however, marriages are short and tumultuous, or even mistakes. In these cases, many people seek to remove any memories of marriage. An annulment is a process where marriage is rendered legally void – as if it didn’t exist. Many, however, wrongly believe it can only happen if the marriage was short, or if consummation didn’t take place. How long can a marriage last and can we still annul it?
The Statute of Limitations for Annulment in New York
In the state of New York, there is no set time limit for the granting of an annulment. The reason for this is that an annulment is granted when a marriage is invalid. Contrary to popular belief, an annulment is not for a union that has gone through consummation or one that was short in length. Instead, they occur when a marriage is illegitimate for several reasons.
Grounds for Annulment
The state of New York has precise guidelines for the granting of an annulment. As previously noted, the state bases these upon the legality of the marriage. New York law recognizes five grounds for annulment of marriage. These are:
- Either one or both spouses were minors (under the age of 18) at the time of the marriage.
- One or both spouses were mentally incapacitated at the time of the union and thus unable to consent to the marriage.
- One of the spouses is unable to have sexual intercourse physically.
- One of the spouses was mentally ill for at least five years.
- The consent for marriage was obtained under duress.
Assets and Children in Annulments
While there is no set time frame for annulments in New York, they are often associated with short marriages. In some instances, however, an annulment may occur after years of marriage – and after children have been born. In these cases, there is a fear that deeming any children illegitimate is possible. New York law classes these children as legitimate.
Further, an annulment does not affect child custody or child support law. Similarly, the handling of assets and debts occurs in the same manner as it would be in any other settlement. For a better understanding of New York divorce and annulment law, it is advisable that you speak to an experienced family law attorney right away.
Contact an Experienced New York Divorce Attorney Today
If you are seeking to have your marriage annulled, contact Brian D. Perskin & Associates today. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to all facets of family law. Brian and family law team are aggressive, intelligent and strategic. They work with clients to customize representation strategies to fit individual needs. Call Brian D. Perskin & Associates P.C. today at 1 (888) 793-1484 for your free initial consultation and learn why we’re New York’s premier divorce law firm.