
If you wish to completely nullify a marriage, seeking an annulment could be an option worth exploring. Unlike a divorce, which ends a legally valid marriage, an annulment declares the marriage null and void, retroactively erasing its legal existence. Essentially, it is as though the marriage never occurred in the eyes of the law. To determine if you qualify for an annulment or to seek more information, contact a Long Island family lawyer at The Law Offices of Jay D. Raxenberg today.
For some individuals, the appeal of an annulment lies in the potential social and legal benefits. If you are married and have no children, an annulment may simplify your future in many ways. For instance, once an annulment is granted, you can claim to be single rather than divorced, which can remove the social stigma associated with a “failed marriage.” This aspect is particularly significant for those who may wish to avoid the complications that arise from a history of divorce.
It’s worth noting that even if children are involved, annulment may still be an option, depending on the specific circumstances surrounding the marriage. The legal status and custody arrangements for children from an annulled marriage are determined separately and require careful legal planning.
New York Domestic Relations Law §140(e) outlines specific grounds for annulment. These grounds are generally rooted in claims of fraud or circumstances that render the marriage legally invalid. The following are recognized grounds for annulment in New York:
Importantly, annulments are time-sensitive legal matters that require careful attention to detail and adherence to filing deadlines. For instance, if your annulment is based on fraud, you have a limited period of three years from the discovery of the fraud to file a petition. Failure to meet these deadlines can impact your ability to seek an annulment.
Don’t attempt to get an annulment without a seasoned divorce and family lawyer in your corner. The Law Offices of Jay D. Raxenberg P.C. has extensive experience guiding clients through the process, and we can do the same for you. Contact our firm for a free consultation today.
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