There are two different types of annulments, a civil annulment and a religious annulment. This section will deal only with the subject of civil annulments.  The court issues civil annulments.  A civil annulment may not be required to obtain a religious annulment, since a religious annulment may be obtained based upon a civil divorce.  If you were married in a religious ceremony, you should consult with your clergyperson concerning the requirements of obtaining a religious annulment.

Nearly everyone has the wrong idea about annulments.  In New York, there is no practical difference between an annulment and a divorce.  Both annulment and divorce end a marriage.  Many people mistakenly think that, when a marriage is annulled, the marriage records are destroyed.  Just as in a divorce, the marriage records remain on file.  Another misconception is that an annulment can be obtained only if the marriage existed for a short period of time.  Once parties marry, they are married.  There is no such thing as a trial marriage.  Many people think that an annulment is simpler than a divorce.  Again, that is not true.  An annulment is a bit more complicated than a divorce; accordingly, it generally costs more to obtain. 

The legal action to declare a marriage annulled is brought in the Supreme Court of New York.  Note that, in New York, the Supreme Court is not the highest court.  It is the court of general jurisdiction. 

There are two different types of marriages, void marriages and voidable marriages.  A void marriage is void at its inception and, as a result, can never be made legal.  Examples of void marriages include a marriage between an ancestor and a descendant, such as between a parent and a child; a marriage between siblings; a marriage between an uncle and his niece or an aunt and her nephew; someone already married whose marriage was not terminated or dissolved and the spouse is still alive; and a marriage performed by someone who did not have the legal authority to perform the marriage.  Note that there is no restriction on a marriage between cousins. 

Although a void marriage is not recognized as valid, such a marriage cannot be legally terminated without obtaining a declaration of a nullity of the marriage.  In addition to the declaration, the court can also legitimize any children of the marriage and address all issues of the marriage, such as custody of the children, child support, maintenance and equitable distribution.

Voidable marriages are marriages that, although legal at inception, can be annulled if any of the following conditions are met:

1. If either spouse was incurably unable to have sexual intercourse at the time of the marriage; 
2. If after marriage, either partner becomes incurably insane for five years or more. The court may include in such an annulment judgment a provision that includes suitable support, care and maintenance of the disabled spouse for life payable from the property or income of the non-disabled spouse; 
3. A marriage between persons younger than 18 may be annulled at the discretion of the Court, if the spouse who is under 18 wants an annulment. The annulment will not be granted if the minor cohabited freely with the other party after reaching the age of 18; 
4. If a party was unable to understand the nature, effect and consequences of the contract of marriage because of mental incapacity (mental illness or mental retardation);
5. If either spouse consents to marry as a result of force or duress by the other; or
6. If consent to marry was obtained by fraud that would have deceived an ordinarily prudent person and was material to obtaining the other party's consent. The fraud must go to the essence of the marriage contract. Concealment of a material fact may constitute fraud.

A legal action is also required to annul a voidable marriage.  Only the party not at fault may bring the annulment.  An annulment requires a higher degree of proof than a divorce. Often, corroborative evidence from other witnesses is required to establish the proper grounds.  There are strict time limits to bringing the annulment action.  Also, each of the above reasons for an annulment may contain further restrictions.

The vast majority of annulments are based upon fraud.  Examples of common frauds include: marriage for a green card; falsely claiming the desire to have children; falsely claiming to love the other; and falsely claiming to be pregnant.  Proving an annulment case will require an affidavit from a witness who heard the spouse make a statement prior to marriage that was false and then, after the marriage, heard the spouse admit that the false statement made prior to the marriage was made to induce the innocent party to marry.

Our legal fee for a simple annulment with consent is $1,200. The court fees are $343.  Accordingly, the total fee is $1,543. Call us at (718) 625-0800 to schedule a free consultation.