Why an Annulment is Not Quicker Than a Divorce

An Annulment is the preferred route by those who do not want to carry a perceived stigma of being divorced. It is essentially ‘undoing’ a marriage rather than severing a marriage. A New York Annulment carries a burden of proof requirement not required by a ‘no fault’ divorce.

Pursuant to New York Domestic Relations Law §140, to get an annulment, one must prove at least one of the following:

  • Bigamy
  • Inability to have sexual intercourse
  • Insanity for five (5) years or more. 
  • Mental incapacity.
  • Force or duress 
  • Fraud 

Furthermore, if the marriage ceremony involved a particular religious faith, there may be other further requirements to comply with. 

If you are considering whether to obtain an Annulment of your marriage or are defending such an action-typically brought avoid paying spousal support ect, Contact Diana Mohyi Attorney at Law to obtain reliable counsel. 

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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