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Long Island Annulment Lawyer

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.

Benefits of an Annulment

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.

Grounds for Annulment in New York

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:

  • Fraud or Misrepresentation: One of the most common grounds for annulment is fraud. If one spouse entered into the marriage based on significant misrepresentations made by the other spouse, the defrauded party may seek an annulment. However, you must file within three years of discovering the fraud or misrepresentation. Common examples of fraud include concealing an addiction, infertility, or a criminal history.
  • Mental Illness: If either spouse has been mentally ill for at least five years, the other spouse may qualify for an annulment. Mental incapacity at the time of marriage can also serve as grounds.
  • Duress or Coercion: A marriage may be annulled if one party was forced or pressured into the union through threats, violence, or other forms of duress. Consent must be given freely and without coercion for a marriage to be valid.
  • Physical Incapacity: If a spouse is physically incapable of consummating the marriage and the condition is incurable, an annulment may be sought.
  • Age of Consent: If one or both spouses were under the legal age of consent when the marriage occurred, and appropriate parental or court permission was not obtained, the marriage could be annulled. However, once both parties reach the age of majority and continue living together, this ground may no longer be valid.
  • Bigamy: If one spouse was already legally married to another person at the time of the marriage, the second marriage is considered void, and an annulment may be granted.
  • Incestuous Marriage: Marriages between close relatives, such as siblings or first cousins, are considered incestuous and can be annulled under New York law.
  • Improper Marriage Ceremony: If the marriage ceremony itself was not legally valid—for example, if it was conducted by an unlicensed officiant—the marriage may be annulled.

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.

Contact a Nassau County Annulment Lawyer

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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