An Annulment Declares The Marriage Void
In New York, either a divorce or an annulment will end a marriage. However, an annulment goes a step further, declaring the marriage null and void. When you get an annulment, it’s as if your marriage never existed.
Attorney Andrew A. Bokser works across the New York City area to find clear, discrete and efficient resolutions for people seeking annulments.
When Can I Get An Annulment Instead Of Divorce?
Some people seek annulments in short-term marriages. However, the realization that you made a mistake is not grounds for an annulment, nor can you obtain an annulment simply because you are opposed to divorce for religious reasons.
In New York, an annulment may only be granted in cases of fraud or duress. Examples include:
- Your spouse coerced you into marrying him or her.
- Your spouse misrepresented himself or herself. For example, your spouse may have said that he or she wanted to have children, but you later found out that your spouse was unable to have children and knew so at the time of the marriage.
To obtain an annulment, your lawyer must be able to prove that there was an intent to deceive on the part of your spouse. Some people choose annulment instead of divorce because fraud does not qualify as grounds for divorce in New York, but does qualify as grounds for an annulment.
What If My Spouse Was Already Married?
If your spouse was already married at the time he or she married you, then your marriage was never valid to begin with. However, you can still petition the court for an annulment.