An annulment is an option that may be available to some couples to end their marriage without going through a divorce. However, not all annulment requests are granted. Here are some reasons why and what you can do after your marriage annulment was denied.
What Is a Marriage Annulment?
An annulment is a legal process that not only ends a marriage but effectively “cancels” it as though it had never taken place.
Are There Benefits to Getting an Annulment vs. a Divorce?
Many people choose to get an annulment instead of a divorce for personal or religious reasons. Many religions frown upon divorce or do not allow it, leaving couples who want to end their marriage with little recourse beyond finding a way to have their marriage annulled.
Other benefits of an annulment versus getting a divorce is that there’s no need to divide property under equitable distribution laws, you can share debt accumulated during the marriage equally, and you can legally get married again without delay if you so choose.
What Are Some Common Reasons An Annulment Request Is Denied?
Usually, a request to annul a marriage is denied on the basis that the requirements for an annulment are not met. Not all couples are eligible for an annulment. To be considered, you or your spouse must have:
- Forced the other spouse into the marriage under duress or threat; or
- A blood relation to each other that would have originally prevented the marriage; or
- The mental incapacity to consent to a marriage; or
- The inability to consummate the marriage; or
- Been too young to legally enter into the marriage; or
- Committed fraud to enter into the marriage; or
- Been legally married to someone else at the time of the new marriage
Can I Appeal an Annulment Denial?
If your application for marital annulment has been denied, you may be able to appeal it with the help of a seasoned New York family lawyer. If the denial was issued within the last few days, you may be able to simply ask for a reconsideration. Your divorce attorney can help you navigate the process of appealing the decision.
When to Call a Brooklyn Family Law Attorney for Help
If you’re exploring the possibility of having your marriage annulled, don’t delay in obtaining legal representation. Call Brooklyn family and divorce lawyer Mary Katherine Brown today to book a consultation or to learn more about marital annulments at (718) 878-6886.Posted in : Divorce ,