New York City Annulment Lawyer

Civil annulment is an option for people who entered into marriages, only to find out that the marriage was not legal to begin with or the situation was not what it was presented to be. In New York and New Jersey, annulment is available to people for reasons such as:

• A spouse was legally married to someone else at the time (sometimes called bigamy)
• One of the spouses was too young to give legal consent to the marriage
• You and your spouse are too closely related to be legally married
• Either you or your spouse could not legally consent to the marriage because of mental illness or impairment
• One of the spouses was forced into the marriage by threats or fraud, including lies like a faked pregnancy
• It is discovered that you and your spouse will never be able to have sexual relations

In the state of New York, there are specific circumstances that make a marriage eligible for an annulment. These are separated into two categories: void marriages and voidable marriages. Void marriages are marriages that were void and invalid at their inception. A voidable marriage is a marriage that can be declared void by a judge.

Void marriages include marriages that are incestuous, marriages where one party was already legally married to another person, or where the marriage was officiated by someone without the authority to do so. If your marriage fits into any of these categories, it is legally void and can be annulled.

The requirements for voidable marriages include marriages where one of the parties was too young to legally consent to the marriage, marriages where one of the parties was not mentally able to consent to the marriage, marriages where one of the parties is physically incapacitated, marriages that were entered into on the grounds of force or fraud, or marriages where one of the parties is mentally ill. Our New York annulment lawyer can help you further understand these requirements and if your marriage fits into the category of a voidable marriage.

We can guide you the annulment process and prepare all the papers, including the complaint and judgment. If your annulment process is uncontested, you may not even have to appear in court. Whatever the situation, we can work closely with you throughout the process. We take a real, pragmatic approach to the practice of law. That means that you’ll get solid advice and clear answers about where you stand and how the law will apply. You can reach out to us with questions at any time, and we’ll always keep you updated about the status of your case.

In a case as sensitive and important as an annulment, having a seasoned, experienced lawyer like our New York annulment lawyer on your side is invaluable. A lawyer will consult with you on the details of your marriage and investigate the past and present circumstances surrounding your marriage. If they determine that your marriage has legal grounds for annulment, they will build a case that displays this to the judge in order to procure the annulment.

We understand how difficult and personal these cases can be, and we strive to handle them with the utmost compassion and care. We are not only a legal aid to our clients, but a source of emotional support in a difficult time. To learn more about how we can help you with your annulment, contact the Law Office of Daniel Clement today.

Why Should I Get An Annulment?

Deciding whether to file for an annulment is a personal and legal choice, and your New York, NY annulment lawyer can help you make the decision. At the Law Office of Daniel Clement, we’ve helped with over 35,000 divorces across 35+ years of experience. We’re ready to use our legal knowledge to walk you through your options, and it all starts with learning more about divorces and annulments. There are several reasons why someone may choose to pursue an annulment instead of a divorce.

Legal Reasons For Annulment

Certain legal grounds must be met for an annulment to be granted. Some of the most common reasons include fraud, misrepresentation, or one party being unable to consent to the marriage at the time it occurred. For example, if one spouse concealed a prior marriage, lied about their identity, or entered into the marriage under force or duress, these could be valid reasons for annulment. Other legal grounds include one party being underage at the time of the marriage or the marriage violating laws regarding close family relationships. In cases like these, it’s a good idea to get in touch with a New York annulment lawyer right away.

Religious Or Personal Beliefs

Some people seek an annulment for religious reasons. Many faiths have specific views on marriage and divorce, and some do not recognize divorce at all. In these cases, an annulment may allow individuals to remarry within their religious community without conflict. Others may pursue an annulment for personal reasons, wanting to separate from a marriage that they believe should never have taken place in the first place.

Financial And Legal Implications

Annulments can impact property division and financial matters differently than a divorce. In many cases, courts try to restore each party to the financial position they were in before the marriage. This means that instead of dividing marital assets as in a divorce, property and debts may be reassigned based on individual ownership. However, if assets were combined or shared, the court may still need to make a decision on how they should be handled.

Effects On Children And Parental Rights

Many people worry about how an annulment affects children born during the marriage. Legally, children remain legitimate even if the marriage itself is declared invalid. Parental rights and responsibilities remain in place, and courts will still decide issues like child custody, visitation, and support based on what is in the best interest of the child. As your family lawyer can explain, annulment does not change the legal obligation of both parents to care for and support their children.

Moving Forward After An Annulment

For those who qualify, annulment offers a way to move forward without the legal ties of a marriage that should not have existed in the first place. While the process may involve proving specific legal grounds, it can provide a sense of closure and allow both parties to start fresh. Fortunately, many divorce lawyers have experience with annulments, as well.

Contact Us Today

At the Law Office of Daniel Clement, we help individuals determine whether annulment is the right choice for their situation. If you are considering this option, we can guide you through the legal process and help you take the necessary steps. Contact us today to discuss your case with a New York annulment lawyer you can trust.

5 Things To Know Before Filing An Annulment

Your annulment doesn’t need to be complicated – and with the help of your New York, NY annulment lawyer, it won’t be. At the Law Office of Daniel Clement, we understand that deciding to file for an annulment is a significant step. We also have over 35 years of legal experience to help you through the process. We’ve handled 35,765 divorces in New York to date, and we’re ready to help you next.

Annulments are often surrounded by misconceptions and can be confusing without the right information. Here are five vital points to keep in mind if you’re considering this legal process.

1. Understand What An Annulment Is

Unlike divorce, an annulment is a legal decree that a marriage was invalid from the start. It’s as if the marriage never legally existed. Annulments can be granted for several reasons, such as one party being underage, the presence of fraud, coercion, or if the marriage was never consummated. It’s important to understand the grounds on which an annulment can be filed, as they are more specific than those for a divorce.

2. Know The Grounds For Annulment In Your State

Each state has its own set of rules about what constitutes a valid reason for an annulment. Common grounds include incapacity due to mental illness, intoxication at the time of marriage, or a relationship prohibited by law. Familiarizing yourself with your state’s specific requirements is crucial because failing to meet these can mean that your annulment will not be granted, and you may need to file for a divorce instead.

3. Be Prepared For The Time Frame

It’s important to get in touch with your New York annulment lawyer as soon as possible. The time frame for seeking an annulment varies widely. Some grounds for annulment, like fraud or coercion, may have a statute of limitations that limits the time you have to file after discovering the grounds. This means acting quickly upon learning that your marriage might qualify for an annulment is important.

4. Consider The Implications On Children And Property

While an annulment declares a marriage null, it does not erase the fact that a genuine relationship existed. Issues such as child custody, visitation rights, and property division will still need to be resolved. Unlike divorce, where the courts often have guidelines to help distribute assets fairly, annulments can sometimes result in one party leaving the marriage with what they brought in, which might not always be equal.

5. Seek Professional Guidance

Given the specific legal criteria required for an annulment and the potential consequences regarding marital assets and children, getting proper legal advice is vital. Consulting with a knowledgeable family lawyer can help clarify whether an annulment is appropriate or if another legal path might better meet your needs.

Contact Us Today

If you are considering an annulment, the Law Office of Daniel Clement can help you understand the process and your legal options. Annulments have specific requirements, and taking the right steps early can make a difference in the outcome of your case. Contact us today to discuss your situation with a NY annulment lawyer you can trust.

Dan is professional and knowledgeable – I always felt like I was in great hands throughout the entire legal process. His extensive experience in the Manhattan courts was extremely helpful and I’m happy with the results!

 – Kerri R.