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Staten Island Annulment Attorneys

A marriage annulment means that the marriage is supposed never to have existed. Remember, a marriage annulment is different from a divorce in that it will affect the past and the future of the spouses. Consequences of marriage produced in the past may be removed and the marriage will have no effect on the future of the former spouses.

The decision of the court retroactively cancels the effects of the marriage as if it had never existed. In US law, the annulment of marriage has a retroactive effect. Remember, a marriage annulment should not be confused with the dissolution of the marriage, which occurs only in a case of a divorce or the death of one of the spouses.

Proof of the invalidity of the marriage is the responsibility of the party invoking it and can be provided by legal means. The law providing for the annulment of the marriage will determine when the nullity of the marriage can be requested. Also, view this link for more data:

Here are a couple of types of appropriate instances for an annulment: absence or violation of consent; fraudulent marriage, such as a marriage for a financial advantage or naturalization; and impuberty, a man and a woman can not contract a marriage before 18 years old, unless also authorized by the parents to be able to marry.

The law stipulates that men and women cannot enter into a marriage before the age of eighteen, but in certain cases, the parents of the spouses may grant age exemptions. The public prosecutor may also apply to the US court for an annulment of marriage. Thus, the absence of publication of the banns for example, or the absence of a premarital medical certificate, is not sufficient grounds to trigger the nullity of the marriage.

A marriage annulment may also be provided, for example, for women subjected to physical and moral violence, who have had to undergo a forced marriage. Unfortunately, for some women, this is the only way out, and it is a lifesaver. Moreover, the number of forced marriages in the US is increasing from year to year and these practices constitute a disturbing social phenomenon. If the forced marriage is demonstrated, the marriage will, therefore, be considered null. The fight against forced marriages and violence within a marriage is therefore provided for.

If it turns out that a marriage is concluded with a foreigner for the sole purpose of helping them obtain US nationality, the nullity of the marriage may also be pronounced. If it, therefore, appears that the cancellation of a simulated marriage for the purpose of obtaining a residence advantage could be regarded as an unlawful way of obtaining the residence permit then that should also entail the withdrawal of the residence permit at any time.

If you consider that you have the right to request the annulment of a marriage then make an appointment at the court of first instance, which depends on the place of residence of the spouses. At this stage, the spouses will have the opportunity to agree on the distribution of assets, and on child custody. Remember, marital life requires behaving and being considered as a couple by your family and by society.

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