Annulments

Annulments in New York

By J. Douglas Barics
Suffolk and Nassau County Annulment Lawyer 

An annulment is the process which if established, declares the marriage void from the start. Marriages which can be annulled are considered voidable, meaning they remain valid unless there is a judgment of annulment. In contrast to void marriages, which are never valid even without a matrimonial action.

Is an Annulment a Matrimonial Action?

Annulments are defined as matrimonial actions under DRL 236 B(2). That means all matrimonial ancillary relief is available in an annulment, such as:

• Custody & Parenting Time
• Child Support
• Maintenance
• Equitable Distribution of the Marital Property
• Counsel Fees
• Expert Fees
• Exclusive Occupancy of the Marital Home

What are the Grounds for an Annulment?

There are five grounds for an annulment are found in DRL 140.

• A party under the age of consent may be annulled. DRL 140(b)
• Mental retardation or mental illness may be annulled. DRL 140(c)
• Physical incapacity may be annulled DRL 140(d)
• Consent by force, duress, or fraud DRL 140(e)
• Incurable mental illness for five years. DRL 140(f)

Residency Requirements

When the matrimonial action is a divorce, annulment, separation, or to seek a declaration of the nullity of a void marriage, the residency requirement of DRL 230 must be met.

How does an Annulment Case Work?

Other than grounds, which are entitled to a jury trial, an annulment case will progress the same as a divorce case.

Call for a Free Phone Consultation or to Schedule a Low Cost Office Consultation

If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any matrimonial action. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.