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Am I Entitled to an Annulment in NY if My Marriage Has Not Been Consummated?After a couple marries, it is presumed that they will live together and consummate their marriage, or enter into a sexual relationship together. But contrary to popular belief, if a marriage is not consummated in New York, it does not automatically qualify it for an annulment, or voiding of the marriage. A partner may only seek an annulment based on specific criteria. In the case of the consummation of a marriage, it is only grounds for annulment if one party has a physical incapacity that prevents them from doing so, and it was discovered after the marriage. If you are considering an annulment, you should get the guidance of an experienced New York annulment attorney to understand your rights and responsibilities. What is Annulment?An annulment is when the court determines that a marriage is no longer valid. If certain criteria is met, a marriage can be annulled even if it was initially valid when the couple was married. There are five reasons that may cause a marriage to be annulled in New York.
How Does an Annulment Affect the Legal Rights and Responsibilities of the Partners?Once a marriage is annulled, it is considered void. While all records remain of the marriage, the couple may consider themselves as never married. Although an annulment voids the marriage, it does not affect the legitimacy of the children or the couple’s responsibility to them. When there are minor children involved, child custody and support are factors that still must be dealt with in an annulment. The court can order child support, custody, and visitation, similar to a divorce. Likewise, if assets and property were acquired by the couple during the marriage, equitable distribution will still be a factor. The court may intervene in the distribution of marital property and may also order spousal maintenance in certain circumstances. Are You Considering an Annulment in New York?New York family law can be complicated. If you are considering an annulment and concerned about your grounds, rights, and responsibilities, it is important to get the skilled guidance of a New York family law attorney. At The Law Office of Ryan Besinque, we have the experience it takes to guide you toward the best resolution for you and your family. Call us at (929) 251-4477 or contact us online to schedule a free consultation. Via https://www.besinquelaw.com/how-important-is-it-to-consummate-a-marriage/ The divorce process in New York has historically been a lengthy and costly procedure. As a fault-based divorce state, one spouse had to allege the other at fault for the divorce under specific grounds. The only other options besides fault-based grounds were to separate for a period of a year under a separation agreement or judgment. In the state of New York, we traditionally had six different grounds for divorce. Depending on which grounds the spouses alleged, it determined the requirements for the divorce. Traditional fault-based grounds include:
In a traditional fault-based divorce, one spouse not only had to blame the other for the breakdown of the marriage, but they also had to prove it. Litigation and fault-finding often made divorce far more acrimonious, time-consuming, and expensive than it needed to be, often leading to extensive New York City divorce lawyer fees. But, as of October 2010, New York became the last state in the nation to finally enact a no-fault divorce ground. Now, marital partners may seek a divorce if the spouses allege that their relationship has been irretrievably broken for a period of at least six months. The Ease and Relative Speed of a No-Fault DivorceWhile the other fault-based grounds have not been eliminated and some couples still use them, divorcing spouses in New York can now take advantage of a no-fault divorce. If one spouse seeks a divorce alleging the marriage has been irretrievably broken for at least six months, there is no need for defense by the other partner. A divorce will be granted as long as all the other issues are resolved, such as child support, child custody, marital asset distribution, and spousal support. Consequently, in this case, the couple is not required to be separated for a year as required by some of the other fault-based grounds for divorce. Traditional Fault-Based Divorces Are Becoming RarerAlthough fault-based divorces are still used, these types of divorces are becoming rarer. With the availability of no-fault divorces, the process is more expeditious and less expensive than the traditional fault-based options. And without the need for fault-finding and proof of the other spouse’s bad behavior, couples are often able to communicate more civilly with one another and co-parent their children more cooperatively. If you are considering a divorce in New York City, a no-fault option may be one you want to consider. Contact the experienced NYC divorce attorneys at The Law Office of Ryan Besinque to get more information on divorce grounds and no-fault divorce options. Via https://www.besinquelaw.com/do-you-have-to-be-separated-for-a-year-to-get-a-divorce-in-ny/ |
About UsRyan Besinque, a Divorce Attorney, is available to assist anyone searching for a family lawyer, a divorce attorney, or a child custody and support lawyer. We are able to handle complex divorce cases in Manhattan and New York City. Call Ryan Besinque to schedule a consultation with an experienced divorce lawyer. ArchivesNo Archives Categories |