Westchester County Annulment Lawyer
In the state of New York, an annulment is a legal way to be certain that your marriage is legally null and void, just as if it had never happened. Annulments can be difficult to obtain because they are granted only for particular reasons. Marriages that were never valid, such as marriages that took place between relatives, or marriages where one partner was already married, are eligible for dissolution. Also, if false pretenses or any kind of fraud, force, or intimidation led to a marriage – and it can be proven – the marriage can usually be annulled. Annulments may also be granted for several other specific reasons. If you are seeking a marriage annulment in Westchester, Dutchess, Putnam, Orange, or Rockland County, get the legal help you need at once and speak promptly with an experienced Westchester County annulment attorney at Kimberly Pelesz New York Law, LLC.
HAVING AN ATTORNEY IS IMPERATIVE
In order to determine if your marriage is eligible for dissolution, it is important that you work with an experienced Westchester County annulment attorney. In practice, annulments and divorces have some similarities. Both dissolve marriages and remove couples from the legally binding contracts of a marriage license. Annulments will not destroy marriage records, but an annulment ensures that your marriage was never considered legally valid. It is important to note that even though a marriage is deemed legally invalid after an annulment, it does not affect the legitimacy of the children born during the marriage.
In an annulment, the court may make the same types of orders it makes in a divorce proceeding, including but not limited to:
- Division of marital property
- Determination of separate property claims
- Setting the terms of child support payments
- Setting the terms for child custody and visitation
It’s important to understand whether you are eligible for annulment or divorce before you end the marriage. Speak to a annulment lawyer in New York about how you can establish this. Getting a divorce in New York is much easier than getting an dissolution. You can easily get a divorce in New York by proving that you and your spouse have differences that have caused your relationship to break down irretrievably. There are also other grounds based on which you can file for divorce, but proving these grounds may be easier than proving grounds for an annulment.
GROUNDS FOR ANNULMENT
In the state of New York, there are several criteria that you must establish before you get an dissolution. You can get an annulment if you prove just one of these criteria:
- You or your spouse were below the age of 18 at the time of the marriage
- You or your spouse were mentally incapacitated at the time of the marriage, and, therefore, could not have consented to the marriage
- The marriage was the result of fraud, force, duress or coercion
- You or your spouse are unable to have sexual relations
- You or your spouse suffer from incurable mental insanity
Very often, people choose to get an annulment for religious reasons. For instance, you may have religious objections to a divorce, and may want an dissolution. In other cases, you may not want the social stigma that is attached to a divorce. Some religions perform religious annulments to dissolve a marriage in the church, but these ceremonies and declarations do not have an impact on your legal status as a married individual. To be legally annulled, you have to go through the court system, not the church.
It’s important to remember that just because you believe that you meet the criteria for an annulment, doesn’t necessarily mean you will get one easily. In certain circumstances, you will waive your right to an dissolution. For instance, if you or your spouse were below the age of 18 at the time of the marriage, but continued to cohabit even after you reached the age of 18, then you may not have a claim for dissolution. Even if the marriage was based on deception, coercion or fraud, you may not have grounds for a claim for annulment if you continued to live with your spouse even after learning about the coercion or fraud. Marriages can be annulled based on an incurable mental illness in one of the spouses, however if this spouse had a period of sound mind in which you continued to cohabitate with him or her, you may not be eligible for an annulment under New York law.
Simply establishing the criteria for annulment is not sufficient to get an annulment in the eyes of the law. Your claim may be nullified in certain cases. To understand more about whether an annulment or divorce is the right option for you, speak to a family lawyer in New York.
HOW TO GET AN ANNULMENT
The process of getting an annulment is very different than the process for getting a divorce. To get an annulment in New York, you must go before a judge to prove that you have grounds for dissolution. To do this, you will need to file paperwork with the court and bring evidence including documentation and witnesses that can support your grounds for dissolution. A Westchester County annulment attorney will be able to help you with this documentation.
Divorces are typically granted with sworn testimony and without the need for a trial, but annulments are very different. If you are seeking an dissolution in the state of New York, contact an experienced Westchester County annulment attorney as soon as possible to guide you through the process.
WE HELP YOU THROUGH THE PROCESS
Contact Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation if you are seeking or considering annulment. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County annulment attorney can help you with the annulment process, email us or call us promptly at (914) 402-4541.