What are the Grounds for Annulment in New York?
Under New York state law (DOM § 140), you must meet one of several criteria to be eligible to obtain an annulment. While New York allows couples to seek a ‘no-fault’ divorce on the grounds that they have irreconcilable differences, couples can only obtain an annulment if they meet certain standards. More specifically, to get your marriage annulled in Long Island, you must be able to prove one of the following things:
- At least one partner was under 18 years old at the date of the marriage;
- At least one partner was mentally incapable of consenting to the marriage;
- At least one of the partner is currently mentally ill and has been so for five years;
- At least one spouse is physically incapable of having sex; or
- The marriage was invalid due to fraud, duress, coercion, or a violation of state law.
If you are considering getting an annulment, but you are not sure that you are eligible, you should speak to an experienced Long Island divorce attorney. A lawyer will be able to conduct a comprehensive review of your case.
I Am Eligible for an Annulment: Is it Actually the Best Option?
If you are eligible for an annulment, it might be the best option in your case. With an annulment, the rules regarding division of property and division of debt are different than they are in traditional divorce cases. For some people, an annulment offers financial advantages. In addition, an annulment may also allow for the restoration of certain benefits which the act of marriage initially eliminated.
Finally, it is worth mentioning that some people prefer annulment over divorce for religious, spiritual, or psychological reasons. Ultimately, these issues all must be assessed on a case-by-case basis. If you are weighing getting an annulment versus getting a divorce, you should seek guidance from a skilled Long Island annulment lawyer who can help you take the best action to protect your legal rights and financial interests.
Speak to a Long Island Annulment Lawyer Today
At Petroske Riezenman & Meyers, P.C., we offer our clients the personalized attention that they deserve. If you are considering getting an annulment in New York, our legal team can help. For a free, fully private initial consultation, please do not hesitate to contact our legal team. With an office in Hauppauge, NY, we serve communities throughout Long Island.