About Jay D. Raxenberg
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Has your marriage come to an end and you are seeking an alternative to divorce? An annulment is another option that many people look into as it can be more time efficient and may also better protect their finances. Through this option the marriage can be declared invalid. This will mean that a divorce is avoided since it as if the marriage did not occur in the first place. The court will still have a record of the marriage but the couple will no longer be married in the eyes of the court.
Depending on the state where you live, the reasons for an annulment to be granted can vary. The best thing to do is to look at the particular laws of where your divorce will take place, or to contact an attorney. In New York, the grounds for an annulment include those listed below:
- A spouse has a mental incapacity that appears to be incurable and that has persisted for five years or longer. In these cases, either party can seek the annulment or an individual who is acting on behalf of the party with the mental illness.
- A spouse has a mental incapacity by which they were incapable of consenting to the marriage. For these situations, any relative can seek the annulment as long as either spouse is alive.
- One or both spouses were under the age of 18 at the time.
- A spouse has a physical incapacity which makes them physically unable to have sexual intercourse. Either side can seek the annulment but it should be done within five years from the time of the marriage. If the party with the incapacity is going to seek the annulment then they must not have known about their incapacity prior to the marriage.
- Consent for the marriage was obtained through the use of fraud, duress or force. An example of a fraudulent marriage would be an individual who seeks to marry a citizen for the purpose of gaining an immigration status.
If you are seeking an annulment, make sure that you are represented by a qualified Long Island divorce attorney.