Even if you went into the union with the best intentions, you might eventually decide to break ties with your spouse. Although petitioning for divorce is a common way to dissolve a marriage in New York state, there could be grounds for seeking an annulment instead. A divorce lawyer can also walk you through the process. To prepare for the consultation, here are answers to general questions about how annulments work. 

4 Annulment FAQ

How are divorces and annulments different?

Although both processes return both spouses to single status, an annulment means the marriage is voided or invalid. Essentially, in the eyes of the court, it’s like the union never happened. This is not the case with a divorce, where the court deems the union as a legal agreement that is terminated. 

What are the qualifying factors for annulment?

In New York, there are several grounds for seeking an annulment. Age is often factored into the court’s decision. If one or both spouses were underage at the time of the marriage, it increases the likelihood the annulment will be granted. If either spouse didn’t give consent to the marriage due to diminished mental capacity or the consent was granted through fraud, it is also grounds for an annulment. After five years of marriage, you could also seek an annulment if your spouse is diagnosed with incurable insanity.  

What rights come with a voided marriage?

There are certain instances when a marriage is automatically void without having to go through the action of annulment. Incestuous and bigamous unions are instances when the union is automatically voided. Although the marriage is not part of the public record, either party can seek child support and alimony. 

Why should I hire a divorce lawyer for help?

It can be difficult to prove grounds for annulment, which is why you should hire a divorce lawyer to help. They can work on your behalf to dissolve the union with as little disruption to your life as possible. This can include reaching out to witnesses to corroborate your version of events.

If you are seeking an annulment, contact John D. Wieser Esq., PC in Rochester, NY. Practicing law since 2001, the divorce lawyer is committed to helping clients dissolve their marriages and ensure they are awarded spousal support and everything else they are entitled to. To schedule a consultation, call (585) 328-0660. Visit the divorce lawyer online to see how else he can assist with your family law matters and read client reviews on his Facebook page.