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:
- Inability to have sexual intercourse
- Insanity for five (5) years or more.
- Mental incapacity.
- Force or duress
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.