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Annulment Instead of Divorce: It All Depends on the Circumstances

In some instances, it may be possible to have a marriage annulled, instead of pursuing divorce proceedings. Under New York law, a marriage can be annulled under certain conditions. For example, one party lacks capacity to enter into a marriage contract due to mental infirmity, or marries under the influence alcohol, drugs, coercion or fraud. Sexual incapacity, being a minor, or other illegalities are also reasons for annulment. If any of these claims can be proved, the marriage can be dissolved or ruled never to have truly existed. The standards of proof for an annulment are higher than those required for a divorce. However, even with an annulment, maintenance and child support can still be due. The time frames for annulling a marriage can vary according to the facts of your case, and a matrimonial attorney can advise you if this is a viable option. 

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