You have more than one option when you realize that your marriage has come to an end. Depending on your situation, it might be possible to file for and obtain an annulment. While divorce and annulments seem similar, there are some distinct differences between the two forms of separation. Today, we will define and describe annulments, including if it is a feasible option for you and how it differs from a New York divorce.
Annulment vs Divorce
When you look at both an annulment and a divorce, you come away with one significant similarity: both of these options effectively end the marriage. If you obtain an annulment or a divorce, you are no longer legally married. However, there is a big difference between the two. When you get an annulment, it is as if the marriage never existed. When you get a divorce, the courts still recognize your previous marriage.
Why Are Annulments Used?
What is an annulment? An annulment is a legal option to end a marriage if there are extenuating circumstances that make the marriage invalid. If you obtain an annulment, it terminates the marriage immediately and dissolves any record of its existence. You can apply for an annulment if you find yourself in a situation where the marriage was untenable or deceptive. Here are some common reasons for requesting an annulment:
- The marriage was fraudulent (your spouse lied about their age or a previous marriage)
- The couple is related by blood
- One of the spouses is impotent
- A spouse hid a major piece of information, such as a felony conviction
- One spouse changed their mind about having children
- One of the individuals is underage
- Either you or your spouse was not mentally capable of making an informed decision about marriage
- You were coerced into the marriage by threats
- You or your spouse were already married
Not a Quicker Solution
One of the misconceptions of obtaining an annulment is that it is a quicker resolution than filing for a divorce. Since you will need to show evidence as to why you deserve an annulment instead of a divorce, the process will still be quite lengthy. An annulment is not a quick fix for a bad marriage. A family law attorney is essential when requesting an annulment from the court. For the court to grant the annulment request, you will need to prove a valid reason for the dissolution. If you cannot, the court will deny the annulment request, and you will need to seek a traditional divorce.
Have Questions About an Annulment? Call a Family Law Attorney
Do you have questions about an annulment? If so, you need to speak with a family law attorney that is familiar with the annulment process as soon as you realize your marriage is no longer viable. Brian D. Perskin & Associates P.C. retains a team of experienced and professional attorneys that know the laws surrounding annulments in New York. We can guide you through the annulment process and help you reach the result you desire. Call us today at 877-826-7257 to schedule a free consultation with a member of our legal team.