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New York City Annulment Attorney
Skilled Advocacy for Your Annulment Case
If you have been married and realize that the marriage was a mistake based on specific facts that were not necessarily true, then you may be able to obtain an annulment rather than a divorce. An annulment essentially declares the marriage null and void, while a divorce dissolves the marriage entirely. At Eiges & Orgel, PLLC, we have helped thousands of clients achieve the desired results; find out how we can put our three decades of experience to work for you.
Call Eiges & Orgel, PLLC today at (347) 848-1850 or contact us online to schedule a meeting with our annulment attorney in New York City!
What is an Annulment?
An annulment is a legal procedure that declares a marriage null and void as if it never existed. Unlike a divorce, which ends a valid marriage, an annulment erases the marriage from the record. Our skilled attorneys at Eiges & Orgel, PLLC, understand the intricacies of annulment laws in New York City and can help you determine if you meet the criteria for seeking an annulment.
Grounds for Annulment in New York
There are two basic categories for annulment in New York:
- Void marriages
- Voidable marriages
A void marriage is not legal and is, therefore, automatically void. Technically, a legitimate annulment is not required for these situations. An incestuous marriage is automatically void and is described in New York DRL §5 as an ancestor and descendant, a brother and sister of either full or half blood, an uncle and a niece, or an aunt and a nephew. Another void marriage is one where a previously thought deceased spouse is found to be living under New York DRL §6. Finally, a void marriage is solemnized by an individual who is not authorized under New York DRL §11.
There are several voidable marriages according to New York DRL §7, and you must have legal assistance in pursuing annulment of marriage under any of the following grounds:
- Under the age of consent – If the parties are under 18, then the signature and consent of either parent of the parties is required. If the parties are under the age of 14, then the parties cannot legally be married.
- Incapable of consent – Mental illness may render a person incapable of understanding the marriage commitment.
- Impotence – The inability to consummate the marriage due to an incurable condition aside from mere sterility.
- Coercion, force, or fraud – A marriage must be entered into of the parties' free will and under no pretenses.
- Incurable mental illness – A condition causing mental illness for five years or more will warrant an annulment.
What are the Requirements for an Annulment?
Seeking an annulment involves meeting specific legal requirements, and our attorneys at Eiges & Orgel, PLLC, have the expertise to guide you through the process. Some key requirements include:
- Timely Filing: It is essential to file for an annulment promptly after discovering the grounds for annulment. Delays may affect the court's decision.
- Proof of Grounds: To successfully obtain an annulment, you must provide evidence supporting the grounds for annulment, whether it be fraud, bigamy, or another valid reason.
- Residency Requirements: To file for annulment in New York, you or your spouse must meet the residency requirements, ensuring that at least one of you has lived in the state for a specified period.
- Consent: If one party was forced into the marriage or lacked the mental capacity to give valid consent, it may be grounds for annulment.
Our legal team at Eiges & Orgel, PLLC, is dedicated to assessing the unique circumstances of your case and advising you on the most effective strategy to meet these requirements.
How Long Do I Have to Annul My Marriage?
The state of New York is unique in that the grounds for an annulment are most commonly "fraud." Fraud means a spouse is claiming some sort of deception on the other spouse's part. Void marriages in New York can happen by way of the relationship being found to be incestuous, the former spouse being found to be still living, one or both individuals being found to be underage and without consent, and a few other factors. Because the marriage is not technically "valid," there is no time limit for obtaining an annulment in New York – no amount of time will ever validate the marriage.
How Long Does an Annulment Take?
The duration of the annulment process can vary based on several factors, including the case's complexity and court schedules. While some annulments may be resolved relatively quickly, others may take several months. At Eiges & Orgel, PLLC, we understand the importance of a timely resolution, and we work diligently to expedite the legal proceedings while ensuring that your rights and interests are protected.
It is crucial to note that the cooperation of both parties can significantly impact the timeline of an annulment. Our attorneys are adept at negotiating and facilitating communication between spouses, striving for an amicable resolution whenever possible.
Choosing a NYC divorce lawyer is an investment in your future. You need an attorney that knows and understands the intricacies of the law. The divorce attorneys of Eiges & Orgel, PLLC have the experience you need to protect your interests.
Whatever circumstances you face, you can be sure our firm will work with you to achieve the desired results. We understand the emotional hardship that you may be experiencing, and you can be sure that we will stand by you and work to help you achieve the future that you desire. We have helped thousands of clients throughout our years of practice, and you can be sure we will help you achieve your desired circumstances.
When you choose to work with Eiges & Orgel, PLLC, we will begin with an in-depth consultation to evaluate the situation and your desires. We will then work to develop a strategy that effectively pursues your desires for your future. Contact our office today to discuss your situation and begin retaining the skilled legal assistance you need. Our team is ready to help you through this difficult time.
Contact Eiges & Orgel, PLLC, today to schedule a meeting with our annulment lawyer in New York City!
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