Hudson Valley Annulment Attorney
Experienced Hudson Valley Lawyer for the Annulment Process
An annulment terminates a marriage based on evidence that proves the marriage
to be invalid. The marriage can either be void, meaning it should have
never happened (e.g., incestuous marriages, bigamy, etc.), or it can be
voidable, meaning one of the following conditions is true:
- One person is under the legal age of consent (i.e., under age 18).
- One person is physically incapable of sexual intercourse.
- One person was incapable of consent due to force, fraud, or mental illness.
- One person succumbs to incurable mental illness for five years or more.
There will still be a record of the marriage and the annulment, but those
involved will be considered to have never been married. In other words,
an annulment makes a marriage retroactively both null and void. Although
getting an annulment is challenging, at Michael R. Varble & Associates,
P.C., we have more than 15 years of legal
experience. Our knowledgeable team of divorce lawyers can ensure you fully understand
the annulment process, helping you reach the best outcome possible.
Child Custody and Property Division
In annulments where the spouses had children together, both parties will
be responsible for any children who are still minors. A judge will determine
child custody, support, and visitation much the same way he or she would in a divorce
case. Annulments also involve
property division, with assets distributed fairly between the two spouses.
While an annulment is similar to a divorce in some ways, the grounds for
annulment are more limited than those for divorce. In New York, a court
can issue a divorce based on the testimony of one person without going
to trial. However, an annulment requires a trial or an inquest before a judge.
If you believe you have grounds for an annulment, our highly skilled team
is ready to discuss your options. If you have children or own property,
you will want to be familiar with the details that apply to your specific
situation. Although it can be difficult to get an annulment due to the
evidence required, a qualified lawyer can give you the professional insight
you need to make an informed decision.
Contact one of our Hudson Valley divorce attorneys for more information regarding
an annulment in New York.