An annulment is one way to legally end a marriage, but not every marriage can be annulled.
Many people seek annulments to avoid the stigma of getting a divorce. Also, Annulments are also often much less complicated than divorces, which makes them an attractive option for some couples. If you’ve already had a chance to read our previous blog, then you know that an annulment doesn’t just legally end a marriage, it makes a marriage nonexistent in the first place, at least from a legal standpoint. Unfortunately, not all marriages can be annulled, and certain grounds have to be met for an annulment. The following is a list from our family law attorney in Hauppauge of the grounds for an annulment in New York:
#1. An underage spouse
If at the time of the marriage one spouse (or both spouses) was under the age of 18, the marriage can be annulled.
#2. Mental incapacity
If one spouse (or both spouses) was mentally incapacitated, and therefore, unable to consent to the marriage, it can be annulled.
#3. Inability to engage in sexual intercourse
If either spouse is unable to physically engage in sexual intercourse, the marriage can be annulled. Keep in mind that sterility does not count.
#4 Mentally illness
If either spouse develops an incurable mental illness that lasts for a minimum of five years, the marriage can be annulled.
#5 Fraud, coercion or duress
If fraud, coercion or duress was the reason for the consent of the marriage, the marriage can be annulled.
Is an annulment the right option for your situation? Contact us today to get your complimentary consultation.