Annulments
Suffolk County Annulment Attorney
By J. Douglas Barics
An annulment a matrimonial action seeking to declare a marriage retroactively 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.
Annulments are defined by DRL 236B as a matrimonial action, meaning that all financial relief is available in an annulment including equitable distribution, spousal maintenance, and counsel fees.
At the Law Office of J. Douglas Barics, we have experience with annulments and can assist you in prosecuting or defendant an action for an annulment.
Do you need representation in an annulment?
Contact us online or at (631) 864-2600.
Annulments in New York State
What you need to know about Annulments
What is an Annulment?
An annulment is a matrimonial action that seeks to void a valid marriage. All grounds for an annulment are fault based and require a higher level of proof to establish than a divorce. All ancillary relief is available such as equitable distribution.
What are the Requirements to File for an Annulment?
- You must meet the residency requirements
- You must meet one of the grounds for an annulment
What are the Grounds for an Annulment?
There are five grounds for an annulment are as follows:
- 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)
Is an Annulment a Matrimonial Action?
An annulment is defined as matrimonial actions under DRL 236 B(2). Since Annulments are matrimonial actions under the statute, all financial relief is available as ancillary relief. This relief includes the following:
- Custody & Parenting Time
- Child Support
- Maintenance
- Equitable Distribution of the Marital Property
- Counsel Fees
- Expert Fees
- Exclusive Occupancy of the Marital Home
Contact Our Annulment Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any annulment action, no matter how challenging or complex. With over 20 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.