Annulment in New York State

An annulment is a judgment by a court that retroactively invalidates a marriage. An annulment is different than a divorce, which is a court order that terminates a marriage. An annulment means that the individuals were not united together in marriage as husband and wife, whereas a divorce means that the two parties are no longer united as husband and wife once the divorce decree is issued. 

In all annulment cases, the record of the marriage does remain on record, as will the annulment. Even though an annulment functions as voiding a marriage, any children born during the annulled marriage are in fact legitimate, the court does have the authority to make any award that is also available in a divorce action such as custody, child support,  alimony, equitable  distribution and the payment of attorney fees. 

Void marriages are those marriages that cannot be legitimized, they also don't have to be annulled because they are not valid marriages, however it is still wise to go ahead and do so. There are common causes or reasons that justify the annulment of a marriage and they are:

• Incestuous marriage between an ancestor and a descendant
• Former spouse still living and the marriage has not been dissolved
• Under age of consent. In New York, the age of consent is 18 and both parents are required (if still living) to give their written consent
• Incapable of consenting for lack of understanding or mentally deficient
• Mental retardation
• Mental Illness
• Inability to have sexual relations if the condition is incurable
• Consented to marriage by reasons of force, duress or fraud
• Incurable mental illness for five or more years

Long Island Annulment Attorney