Part II: NYS Marriage Annulment FAQS
- Posted on: Jan 18 2015
In Part I of our New York State Marriage Annulment FAQS blog, we discuss two of the most frequently asked questions regarding marriage annulments: “what is a marriage annulment?” and “what are grounds for annulment?”
The Queens divorce attorneys of FK Law Group provide counsel to residents of Queens and the greater New York City area for all of their marriage annulment, separation or other divorce law-related legal issues.
Annulments are a legal procedure for declaring a marriage null and void. This legal process is not to be taken lightly, you can’t just request an annulment without citing a specific legal reason that is one of the possible grounds for annulment.
Here are the other grounds for annulment that we didn’t cover in Part I.
The marriage has taken place under duress or force.
It’s understood that most people choose a partner to marry whom they love, and that these two people have a relationship in which they are on the same page in terms of marriage and partnership. They may choose to solidify their union through the legal process of marriage. So, in legal terms, marriage requires both parties’ consent to the union. If one party forced the other to consent to marriage- forced is defined in a variety of ways- this is legitimate grounds for annulment.
Consent to the marriage was based upon fraud.
If one partner promised the other something that turned out to be fraudulent, it is grounds for annulment. For this to happen, there needs to have been a fraudulent misrepresentation of a material fact- a fact that would have caused the other party to never agree to the marriage if they were aware of it. For example, a fraudulent promise of conversion to another religion could be grounds for an annulment.
Do I need to obtain permissions from a judge to annul my marriage?
If you entered into a marriage that is “void” rather than “voidable” you don’t need a judge’s permission to annul the marriage.
What does “void” mean compared to “voidable” when it comes to marriage and annulment?
A voidable marriage can be cancelled at the option of one of the parties. The marriage is valid but can be cancelled if contested by either party. When a marriage is voice, it is therefore unlawful and shouldn’t have taken place and is not actually legal. When one party is still married to another person (who is still living), but marries someone else, then that marriage is void.
Posted in: Marriage Annulment
