Annulment and divorce are not the same things. While divorce ends a valid marriage, an annulment declares the marriage void, as if the matrimonial union had never occurred in the first place.
In New York, annulments are not allowed. Instead, a marriage may be declared “void” during a divorce proceeding. In essence, a void marriage has a similar effect to an annulment.
The following are the specific circumstances in which an Altamonte Springs marriage may be declared void:
- Bigamy – You or your spouse was married to another person at the time of your marriage
- Incest – You and your spouse are related
- Not of legal age – One or both spouses were under 18 years of age when married
- Mental incompetence – You or your spouse was mentally incompetent (i.e. suffering a severe mental illness) when married
- Mental illness – Either spouse was incurably mentally ill--for five years at the very least
- Refusal to consummate marriage – Your spouse refuses to have sex when married
- Inability to have sex – Either spouse is physically unable to have sexual intercourse
- Fraud – The marriage consent was obtained by fraud, duress, or coercion
Once your marriage is void, it was as if it never existed in the first place. Both spouses are able to say that they were never married.
Keep in mind, if any children are involved in an annulment, both parents are still responsible to support them. Both parents will also possess custody rights.
For more information about divorce and annulment, contact the Law Office of Russell S. Hershkowitz, L.L.C. today.