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Can I get my marriage annulled?

Not every marriage is legally valid. If a New York family law judge determines that your marriage was unlawful, you might be able to apply for annulment.

Annulment is different from divorce because it recognizes that the love union was never valid. As such, an annulled marriage becomes a null and void marriage. The couples will be stripped of the marriage rights and treated by the courts as if they were never married.

Here are the grounds for annulment in the state of New York:

Unable to consummate the marriage: One of the spouses could not consummate the marriage. In other words, one of the spouses incurably could not engage in sexual intercourse with the other spouse when they got married.

Bigamy: This is a situation in which one spouse was still married to another person when the couple got married.

Insanity: If, following marriage, one of the spouses becomes insane for five or more years, a court may choose to nullify the marriage.

Mental incompetency: If one or the other spouses could not understand what it means to be married due to mental incapacity, then the marriage might not be valid.

Force or duress: A marriage that happens under duress will be invalidated by the court.

Fraud: If one spouse lied or concealed information that would have prevented a reasonable person from moving forward with marriage, then the union could be invalidated.

As you can see, not all marriages are valid. If you believe that your marriage could be invalidated through annulment, you may want to speak with a New York family law attorney at your soonest convenience.

Source: nycourts.gov, "What is annulment?," accessed July 28, 2017

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