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An annulment refers to legally getting a marriage voided. A voided marriage means according to state law, it never happened.
According to New York marriage law, any marriage performed in Suffolk County can be automatically voided under two circumstances: bigamy and incestuous relationship. Bigamy is the act of marrying a person will still legally married to another individual. An incestuous relationship occurs when two people are blood related. For instance, they are brother and sister, uncle and niece or share the same ancestors and descendants.
If you want to obtain a Suffolk County, but your circumstances do not fit into the above categories you can still obtain an annulment. However, you must have a valid legal reason, called grounds, to obtain an annulment. Annulments are outlined in the state’s Domestic Relations Law.
Legal Grounds to Obtain an Annulment in Suffolk County
The allows you to obtain an annulment and not a divorce under specific grounds. These grounds include:
• Your spouse cannot have sexual intercourse and the condition is permanent. You must prove the spouse was impotent prior to marriage, but it the information from you.
• You were not the legal age to marry at the time the ceremony occurred. The legal age to marry is 18 years old. With a parent’s permission, the legal age to marry is 16 years old. No one can marry 14 years or younger even with their parent’s consent. If you continued to live with your spouse after you turned 18 years, you are not eligible for an annulment.
• You or your spouse was not able to give proper consent because of mental incapacity. Mental incapacity refers to not having the concept of marriage and responsibilities that come with marriage.
• You or your spouse were declared incurably insane for at least five years after the marriage ceremony
• Your spouse committed fraud to get you to marry them. Fraud means they omitted the truth or convinced that a lie was true to get you to marry them. You only have three years from the date of your marriage to obtain an annulment based on fraud.
• You were under duress at the time of the marriage took place. This means you did not marry your spouse of your own freewill.
Obtaining an Annulment in Suffolk County
If you meet one of the grounds for a voidable marriage in New York, you must go through a step-by-step process to obtain an annulment. For instance, you must file out a petition and include the annulment grounds. You, your spouse and a third party must sign the petition, then submit it to the family court. This is the only way to obtain an annulment hearing.
During the hearing, a judge will allow you and your spouse to present your cases. When presenting your case, you must include proof the annulment grounds occurred. The judge will then determine if you will receive an annulment.
Depending on your circumstances, your annulment will be treated just like a divorce. A divorce, or legal end to a marriage, often includes issues like alimony, asset division and child custody. Those things will be decided.
Contact a Suffolk County Attorney about Your Annulment
You did not get married just to obtain an annulment. However, you find yourself needing to annul your marriage. We will assist you. Annulments are complicated, but we are here to make the process simple for you. Contact use immediately for help. We will determine your annulment ground and proceed from there.