Annulments
Wish Your Marriage Never Existed?
New York Marriage Annulments
Sometimes, people enter into a marriage only to realize that it should never have happened. If you are in such a situation, you may be eligible to seek a marriage annulment in New York. Unlike divorce, which ends a valid marriage, an annulment declares that the marriage was never legally valid to begin with.
Mary Katherine Brown, an experienced Brooklyn marriage annulment attorney, is here to help you understand whether your situation qualifies for an annulment and to guide you through the process with compassionate, knowledgeable support.
What Is a Marriage Annulment?
An annulment is a decree of nullity issued by the court stating that a marriage never legally existed. This is fundamentally different from a divorce, which dissolves a marriage that was valid when it took place.
While many people associate annulments with religious declarations, there are also specific legal circumstances under which an annulment is appropriate under New York law.
Legal Grounds for
Marriage Annulment in New York
To obtain a legal annulment in New York, you must prove specific grounds. Common reasons for annulment include:
Fraud is one of the most common grounds for an annulment. If one spouse misrepresents who they are or deceives their partner into marriage under false pretenses, an annulment may be granted. Examples include:
- Concealing an inability to have marital relations.
- Hiding infertility or an unwillingness to have children.
- Misrepresenting one’s religious beliefs or participation.
- Marrying solely for immigration status or financial gain.
If a spouse is proven to have been mentally incapacitated at the time of the marriage — whether due to mental illness, intellectual disability, or temporary intoxication — the marriage may be declared void.
If one party is physically unable to consummate the marriage and the condition is incurable, it is grounds for annulment.
Discovering that a spouse is an alcoholic, drug addict, or has been diagnosed with a mental illness such as schizophrenia or bipolar disorder, especially if undisclosed before marriage, can provide automatic grounds for an annulment.
If one spouse was already married to someone else at the time of your marriage, that marriage is automatically void. Bigamy is clear grounds for annulment.
Property Settlements in Annulment Cases
Annulments often include property settlements, particularly when financial fraud or misrepresentation is involved. If one party spent or lost funds due to deceitful actions leading up to or during the marriage, the court may order the return or division of property to remedy the injustice.
Mary Katherine Brown will carefully evaluate your situation to determine whether property division or financial restitution is appropriate as part of your annulment case.
Children and Marriage Annulment
A common concern among clients seeking annulments is the status of children born during a marriage that is later annulled. In New York, children of an annulled marriage are legitimate. An annulment does not affect the parental rights or obligations of either party, and child custody, support, and visitation issues are handled similarly to those in divorce proceedings.
Is Annulment Right for Your Situation?
Not all marriages qualify for annulment. Divorce may still be the appropriate course if none of the specific legal grounds apply. However, if you believe you were deceived, misled, or otherwise misrepresented in your marriage, it is important to seek legal advice quickly.
Mary Katherine Brown offers personalized consultations to review your situation and determine the best course of action under New York family law.
Contact Us
a Brooklyn Annulment Lawyer Today
If you have questions about whether you qualify for a marriage annulment in Brooklyn, do not wait. Your future, your financial stability, and your emotional well-being may depend on the actions you take today.
Submit the form below or contact our office directly to schedule a confidential consultation with Mary Katherine Brown. We are committed to helping you move forward with clarity and confidence.
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