If you want a divorce, you should first make sure the divorce process is even necessary. There is a small chance you will find that you qualify for annulment in New York instead of divorce. Annulling a marriage is essentially saying you were never married, voiding out the union entirely. Find out on what grounds you can get an annulment in New York, and then come to Brian D. Perskin & Associates P.C. to find out what your next step should be.
Lack of Consent
If you or your spouse did not knowingly consent to the marriage, you can likely get it annulled. For example, if you did not realize what the wedding meant when you got married, or if you felt forced into the union, you can annul it. In addition, if you or your spouse were under the age of 18 when you got married, the marriage can be annulled since it is assumed you did not realize the full extent of what you were doing.
People who have a mental illness or retardation may have a relative seek to annul the marriage when it is apparent they did not understand the union. These people are considered incapable of understanding the concept of marriage, so their consent does not mean much in the court, especially if they have a reason for wanting to end the union.
If your spouse is mentally ill, you may be entitled to an annulment, as long as you meet some requirements. If your spouse recently became mentally ill, you have to wait at least five years to file for annulment, and the illness has to be considered incurable.
If your spouse was already mentally ill before the wedding, but you did not know this, you do not have to wait five years to file. In fact, you are expected to file as soon as you find out. You also need to prove you did not know about the illness when you got married.
Inability to Consummate the Marriage
If you or your spouse is physically unable to have sexual relations, and neither of you knew about this before the wedding, you may be able to get an annulment. In most cases, the motion needs to be filed within five years of the wedding.
Marriages That Were Never Valid To Begin With
If you got married, but were already married to someone else, you should have no problem getting an annulment. After all, you cannot be married to more than one person at a time in New York, so your subsequent marriage was technically never valid. Similarly, you cannot legally marry a sibling or other close family member, so you should be able to get the marriage annulled when you provide proof that you are related to your spouse.
If you have any questions about whether you should get an annulment or divorce, come to our office for help. We can assist you with the paperwork that needs to be filed, and address any concerns you have, so call today.