Grounds for Obtaining an Annulment in New York

An annulment is a legal procedure that declares a marriage null and void, meaning that, in the eyes of the law, the marriage never existed. This is fundamentally different from a divorce, which legally ends a valid marriage. While a divorce acknowledges that a marriage took place and subsequently dissolved, an annulment asserts that a legal marriage was never valid from the start due to specific legal reasons.

The legal effect of an annulment is that the marriage is considered null and void. This means that, once an annulment is granted, it is as if the marriage never legally occurred. This distinction can have significant implications for issues such as property division, spousal support, and the legitimacy of children born during the marriage. For example, children born in an annulled marriage are still considered legitimate, but the parties involved may not have the same legal obligations and rights as they would following a divorce.

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Grounds for Annulment in New York

Age

Age-related grounds for annulment pertain to situations where one or both parties were under the legal age of consent at the time of the marriage. In New York, the legal age of consent for marriage is 18 years old.

If one or both parties were under the age of 18 when they got married and did not obtain the necessary parental consent, the marriage can be annulled. This is because individuals under the age of 18 are considered minors and, without parental consent, are not legally capable of entering into a binding marriage contract.

Parental Consent and Ratification After Reaching Legal Age

• Parental Consent: If a minor receives parental consent, they are legally allowed to marry before reaching the age of 18. However, if the marriage took place without such consent, it can be annulled.
• Ratification After Reaching Legal Age: If a minor who married without parental consent continues to cohabit with their spouse after reaching the age of 18, this cohabitation can be seen as ratification of the marriage. In such cases, the right to annulment may be waived, as the individual is now of legal age and has implicitly affirmed the marriage by continuing to live with their spouse.

Mental Incapacity

Mental incapacity refers to a situation where one party lacked the mental ability to understand the nature, effect, and consequences of the marriage at the time it was entered into. This ground for annulment addresses circumstances where a person was not mentally competent to make an informed decision about getting married.

To obtain an annulment on the grounds of mental incapacity, it must be demonstrated that one party did not have the mental capacity to comprehend the essential aspects of the marriage contract. This could be due to a mental illness, cognitive impairment, or other conditions affecting their mental state at the time of marriage. The key requirement is proving that the lack of mental capacity existed when the marriage took place, making the individual unable to consent to the marriage genuinely.

Duress

Duress as a ground for annulment occurs when one party was forced or coerced into the marriage against their will. This means that the consent to marry was obtained through threats, intimidation, or other forms of pressure, making the marriage involuntary.

To obtain an annulment on the grounds of duress, it must be proven that one party did not willingly consent to the marriage. This could involve physical threats, emotional manipulation, or other coercive tactics that left the individual feeling they had no choice but to marry. The evidence must demonstrate that the coercion was significant enough to override their free will, making the marriage invalid from its inception.

Fraud

Fraud as a ground for annulment involves significant misrepresentation or concealment of important facts by one party that induced the other to enter the marriage. The deception must go to the essence of the marriage contract, meaning it must be a crucial element that would have prevented the marriage if the truth had been known.

To annul a marriage on the grounds of fraud, it must be shown that one party intentionally deceived the other regarding a vital aspect of the marriage. The misrepresentation or concealment must be about something so substantial that the deceived party would not have agreed to the marriage had they known the truth.

Examples of Fraud

• Hidden Criminal Record: One spouse conceals a serious criminal history from the other, which, if known, would have prevented the marriage.
• False Claims of Pregnancy: One spouse falsely claims to be pregnant to induce the other to marry them. If the truth were known, the marriage would not have occurred.
• Concealment of Infertility: One spouse hides the fact that they are infertile when the other spouse has expressed a desire to have children. The concealment of this fact could be grounds for annulment if having children was a fundamental aspect of the marriage agreement.
• False Identity: One spouse lies about their identity, such as their real name, age, or background, which significantly impacts the marriage.

Physical Incapacity

Physical incapacity as a ground for annulment refers to a situation where one party is physically unable to consummate the marriage. Consummation is defined as the act of engaging in sexual intercourse, which is considered a fundamental aspect of marriage.

To annul a marriage based on physical incapacity, it must be proven that one party is physically incapable of having sexual relations and that this condition is incurable. The incapacity must exist at the time of the marriage and must be permanent, with no hope of medical or therapeutic remedy. The burden of proof lies on the party seeking the annulment to demonstrate that the physical incapacity is indeed incurable and prevents the consummation of the marriage.

Bigamy

Bigamy occurs when one party is already legally married to another person at the time of entering into the current marriage. In such cases, the subsequent marriage is considered invalid because a person cannot be legally married to more than one person at the same time.

To obtain an annulment on the grounds of bigamy, it must be shown that one spouse was already married to someone else when the current marriage took place. This can be proven through marriage records or other legal documents indicating the existence of the prior marriage. In cases of bigamy, the second marriage is automatically void, and an annulment will be granted upon presentation of evidence of the prior marriage.

Incest

Incest refers to marriages between close relatives who are prohibited from marrying under New York law. These prohibitions are in place to prevent genetic defects in offspring and to uphold social and moral standards.

To annul a marriage on the grounds of incest, it must be demonstrated that the spouses are close blood relatives. New York law prohibits marriages between:

• Siblings (whole or half-blood)
• Parent and child
• Grandparent and grandchild
• Aunt or uncle and niece or nephew

Such marriages are considered void from the outset, and an annulment can be granted upon providing evidence of the familial relationship. Birth certificates, family records, or DNA tests can be used to prove the prohibited relationship.

Understanding the grounds for obtaining an annulment in New York is crucial for those who believe their marriage is legally invalid. Each ground has specific requirements that must be met, and presenting the necessary evidence is essential to obtaining an annulment. By being informed about these legal provisions, individuals can take the appropriate steps to annul their marriage if it meets the criteria, ensuring their legal status is accurately reflected and their rights are protected.