There is a lot of confusion when it comes to annulments in New York. In fact, you may be shocked to find out that you are unable to file for an annulment, and instead must proceed with a divorce if you want to end your marriage.
Below, the family law firm of Brian D. Perskin & Associates P.C. breaks down the top 4 annulment myths.
Myth #1: You can get an annulment if you have only been married for a few months.
Contrary to popular belief, you can’t get an annulment in New York based on the duration of your marriage. There are very specific grounds you must meet:
- Either spouse was under the age of 18 at the time of marriage;
- At least one spouse was unable to consent to the marriage due to a mental incapacity or impairment;
- One spouse has been deemed to be incurably mentally ill for a minimum of 5 years;
- The marriage was entered into by either spouse under duress, fraud, or coercion; or
- Either spouse is unable to have sexual intercourse or relations with their spouse.
If you do not meet one of the grounds for an annulment, you must wait at least 6 months after your wedding day to file for a divorce. There is not a deadline for filing for an annulment. (Click here for the Grounds for Divorce in New York.)
Myth 2: Annulments in New York are easier to get than a divorce.
Unfortunately, it is not easier to get an annulment than a divorce. If you file an action, you bear the burden of proving the grounds to be true. For instance, you will need to provide documents attesting to the fact that you lacked the mental capacity to marry, or you were under duress while marrying your spouse.
Myth 3: Annulments are faster and cheaper than divorces.
The annulment process can be quite lengthy, and thus, more costly than an uncontested divorce. You are required to appear in court, where your attorney will argue your case in front of a judge. The evidence you present at your court appearance needs to support your grounds for annulment, and these documents can sometimes be difficult to obtain.
You need to look into an uncontested divorce if you are interested in separating from your spouse as quickly, and cheaply, as possible. These kinds of cases rarely require court appearances.
Myth 4: You cannot get an annulment in New York if you have children.
You can be awarded an annulment if you have children. The child custody process will be the same as if you were going through a divorce. Child custody will be determined in the best interest of the children, with a judge making a final ruling if you and your spouse are unable to reach an agreement.
Still Considering an Annulment?
Are you still interested in filing for an annulment in New York? If so, speaking to an attorney is in your best interest. While filing for an annulment seems like a relatively easy process, it isn’t. Going at it alone is risky.
To see if you qualify for an annulment in New York, call the family law firm of Brian D. Perskin & Associates P.C. at 718-875-7584. As always, we offer free, no-obligation consultations to New York City residents. Contact us today!