New York State Marriage Annulment FAQs
- Posted on: Dec 16 2014
Annulments are a legal procedure for declaring a marriage null and void. But before you go off marrying someone with the idea that you can “always have an annulment,” you should read some of the most frequently asked questions we receive here at FK Law Group from residents of Queens, New York, regarding this legal process.
What is a marriage annulment?
An annulment is granted it is proven in court that a marriage was invalid. Annulments are essentially marriage “cancellations,” in which the marriage disappears from each legal party’s history.
What are grounds for annulment?
Annulments aren’t always possible; they are only granted under very specific circumstances. The following bulletpoints are legal grounds for annulment:
At the time of marriage, one of the partners was not made aware of their spouse’s inability to have intercourse. This is when one spouse has an un-treatable condition that makes sexual intercourse impossible and they did not disclose this information to their partner prior to the marriage.
One spouse was less than 18-years-old, which is the legal age of consent. In order for a person under the age of 18 to marry in New York, they need the consent of both parents. It is grounds for annulment is the consent was not granted on the record- in writing- prior to the marriage.
If a spouse isn’t aware that their partner is mentally ill at the time of marriage. The (sane) spouse must file for annulment immediately after learning about the mental illness, and the illness must still be present at the time the partner files for annulment. In addition, if the spouse has an incurable mental illness that has continued for 5 years, this is also grounds for an annulment.
Two people got married and one spouse is deemed to be incapable of giving consent to the marriage due to mental incapacity or mental deficiency. In this case, a relative of the mentally disabled person has the right to seek an annulment on these grounds.
We will go over the remaining annulment FAQs and facts in our next blog post. In the meantime, if you are a resident of Queens and have any questions regarding annulments, separation agreements or divorce, contact Queens Divorce Attorneys at FK Law Group at 800-631-1757 or fill out the short contact form.
Posted in: Divorce Law
