Marriage Annulment Part II
- Posted on: Mar 14 2018
In our last post, we started covering some of the basics about annulments in the state of New York. While an annulment is one way to end a marriage, it is a much different process than a traditional divorce. However, in some circumstances, an annulment is a better decision to effectively and permanently dissolve a marriage.
Because an annulment states that the marriage was never void in the first place, the process following an annulment is much different than a traditional divorce. Let’s take a look at what the annulment process looks like in New York state, as well as how an annulment can affect children or spousal support.
How to Get an Annulment in New York
Getting an annulment is not the same as getting a divorce. When you go through a traditional divorce, you and your spouse will agree on how to split your shared assets, property, and if there will be child or spousal support presented. Once that has been agreed upon, you and your spouse can follow through with the divorce. However, an annulment requires you to prove you deserve an annulment through a trial and hearing.
An annulment trial and hearing allows you and your spouse to show documents and paperwork that proves you qualify to have your marriage annulled. Through presenting your argument and evidence, the judge will decide whether or not to grant you an annulment.
Splitting Property, Assets, and Establishing Support After an Annulment
Annulments typically happen soon after a marriage occurs. However, annulments may still be granted even if you and your spouse have been married for many years. If you and your spouse have children and share property and other assets, you will still need to divide them appropriately.
Once you’ve been granted your annulment, you and your spouse will need to determine how your property and assets will be split. Like a traditional divorce, it’s important you work with an expert attorney to help you keep what is rightfully yours.
If you’re going through a divorce or an annulment, contact the Queens divorce attorneys at FK Law Group, P.C.
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