JUAN LUCIANO DIVORCE LAWYER
Experienced Manhattan Annulment Attorney - The Law Office of Juan Luciano - New York City Annulment Lawyer
An annulment is a court process that treats your marriage as if it never happened. If a judge grants it, your legal status goes back to single. It does not end a valid marriage. It says there was no valid marriage to end. This can happen when the marriage was void from day one or when certain problems existed at the time of the wedding.
If you are dealing with an annulment in Manhattan, you do not have to figure it out alone. A Manhattan annulment attorney can explain your options, answer your questions, and protect your rights. Many people ask if a marriage can be annulled for non-consummation, what paperwork they need, and how long it might take. Juan Luciano Divorce Lawyer can help you make a clear plan and work toward a fair result while offering steady support. Call (212) 537-5859 to schedule a consultation with Juan Luciano Divorce Lawyer.
Skilled Manhattan Attorney Juan Luciano Discusses the Differences Between Annulment and Divorce in New York
If you get an annulment in New York, the law treats your marriage as if it never existed. A divorce is different. It ends a valid marriage.
Annulments are only granted when certain facts are proven. Common grounds include fraud, bigamy, lack of capacity to consent, incestuous marriage, impotence, or force and duress. The court will look closely at the proof before granting one. Divorce works another way. New York allows no-fault divorce when your relationship has been irretrievably broken for at least six months, so you do not need to prove specific misconduct.
Property and support can still be addressed in an annulment. New York courts, including those in Manhattan, may divide marital assets and award maintenance under DRL §236. In a divorce, the judge weighs things like how long you were married, each spouse’s finances, and other practical factors when determining spousal support.
Some people prefer annulment because it feels like undoing a mistake rather than ending a recognized union. However, annulments often have stricter time limitations based on specific grounds, whereas divorces can be initiated at any time after the marriage has occurred.
Manhattan Annulment Attorney
Juan Luciano
Juan Luciano is a top-rated Manhattan annulment attorney known for guiding clients toward sound, informed decisions during some of life’s most challenging moments. Mr. Luciano recognizes the emotional toll of divorce, custody, and annulment cases. He focuses on minimizing conflict and fostering constructive communication to protect his clients’ interests and the well-being of their families, helping them move forward with dignity and clarity.
Taking a collaborative approach, Mr. Luciano prioritizes negotiation whenever possible, striving for amicable resolutions that allow both parties to maintain mutual respect. However, when cooperation is not achievable, he is fully prepared to employ a strategic and aggressive litigation approach to protect his clients’ rights. With decades of experience spanning divorce, mediation, custody, support, prenuptial agreements, paternity, and other family law matters, Mr. Luciano’s reputation for excellence extends to both the negotiating table and the courtroom.
Types of Annulments in New York
In New York, annulments can be categorized into different types based on the specific circumstances that render a marriage null and void. These categories help individuals evaluate their own eligibility for seeking an annulment under state law.
| Ground | Official Ground under NY Domestic Relations Law § 7 / § 140 | Notes / Details |
|---|---|---|
| Underage Marriage: If a party was under 18 at the time of the marriage | Under-age of consent (under 18) – DRL § 7(1); actionable under § 140(b) | Under-18 marriages require parental (and in some cases judicial) consent; annulment is at court’s discretion |
| Fraud: False information / misrepresentation relating to identity, intentions, etc. | Consent by fraud, duress, or force – DRL § 7(4); actionable under § 140(e) | Fraud must be material and prompt action is required; continuing to cohabit after discovery may ratify the marriage |
| Force or Duress | Consent by force, duress or fraud – DRL § 7(4); actionable under § 140(e) | Annulment must be timely and not ratified by continued cohabitation |
| Mental Incapacity | Incapable of consenting / understanding – DRL § 7(2); actionable under § 140(c) | Covers mental illness or incapacity present at time of marriage; relatives or “next friend” may bring action |
| Physical Incapacity to Consummate (incurable) | Physical incapacity to enter into marriage state – DRL § 7(3); actionable under § 140(d) | Must be incurable, undisclosed, and action filed within 5 years; sterility alone isn't sufficient |
Void Marriages
Void marriages are considered invalid from the beginning and are treated as if they never existed. This is because a void marriage in and of itself violates New York law. Due to their invalid nature, there are no measures needed to dissolve the marriage because there’s no marriage in the first place.
The grounds for void marriages in New York include:
- Bigamy: A marriage is considered void if one party was already legally married to another person at the time of the subsequent marriage. Marrying someone while being married to another individual is prohibited and renders the subsequent marriage void.
- Incestuous Marriage: Marriages between individuals who are closely related by blood, such as siblings or parents and children, are considered void. New York law prohibits such marriages, and if they occur, they are considered legally invalid. A marriage cannot take place between an ancestor and a descendant, siblings (regardless of whether they are full-blooded or half-siblings), and an aunt or uncle to a niece or nephew. This rule stands regardless of whether the persons involved are legitimate or illegitimate offspring.
While void marriages are automatically deemed invalid under the law, obtaining documentation to reflect the void status of the marriage may be necessary for various legal purposes, such as financial matters or future relationships.
Voidable Marriages
Voidable marriages are initially considered valid, but they can be legally challenged and declared null and void under certain circumstances.
Grounds for voidable marriages in New York include:
- Underage Marriage: If a party was under 18 at the time of the marriage, the marriage is voidable. Note that as of 2021, New York bans all marriages under 18 (no exceptions), but the under-18 ground can still apply if a marriage happened when a spouse was a minor.
- Fraud: If one party deceived the other by providing false information or misrepresenting essential aspects of themselves or the marriage, it may be considered a ground for annulment. The fraud must be substantial and directly related to the marriage itself, such as lying about one’s identity, intentions, or important characteristics. Annulment on fraud is unavailable if you continued to cohabit after learning the truth.
- Force or Duress: If one party was coerced or forced into the marriage against their will, it can be a ground for annulment. The coercion must be significant and sufficient to invalidate the voluntary consent of the party seeking the annulment. An annulment on this ground is barred if the parties later voluntarily cohabited.
- Mental Incapacity: If one or both parties lacked the mental capacity to understand the nature and consequences of the marriage at the time of the ceremony, it may be a ground for annulment. This could include situations where a party was under the influence of drugs or alcohol or suffered from a mental illness that impaired their ability to give informed consent.
- Physical Incapacity to Consummate: The condition must be incurable.
It’s important to note that voidable marriages remain legally valid until a court declares them null and void through an annulment proceeding.
Annulment is a legal process, and successfully obtaining an annulment requires meeting specific criteria. It is recommended to seek professional legal advice to navigate annulment in New York and understand the implications associated with pursuing an annulment based on the type of case and the grounds involved.
Religious vs. Legal Annulment
A legal annulment is a civil court action that nullifies a marriage in the eyes of the law. Religious annulment, on the other hand, is a declaration by a religious authority, such as the Catholic Church, that a marriage is not valid in the eyes of their faith.
While a legal annulment can impact property division, child custody, and other rights, a religious annulment has no legal effect on these matters. Some individuals may seek a religious annulment in order to remarry within their faith or to have their marriage recognized as valid by their religious community.
It is important to understand that a legal annulment does not automatically result in a religious annulment, and vice versa. Individuals seeking both types of annulments may need to navigate separate processes to achieve their desired outcome.
New York State Annulment Laws
In New York, annulments are granted in accordance with the provisions of the Domestic Relations Law (DRL).
The DRL outlines various grounds on which a marriage can be annulled:
- DRL Section 5: Incestuous and Void Marriages
- DRL Section 6: Bigamous Marriages and Prior Existing Marriage
- DRL Section 7: Grounds that make a marriage voidable (e.g., a party under 18 at marriage, lack of understanding/mental illness, incurable physical incapacity to consummate, force/duress, and fraud)
- DRL Section 140: Who may bring annulment/nullity actions and time limits for certain grounds.
New York law also allows for the annulment of a marriage in cases of fraud or coercion. To secure an annulment on the grounds of fraud, one spouse must prove that the other spouse knowingly made false representations to get married. Misrepresentation can include lying about marital status, age, religion, or occupation.
Coercion can be a valid ground for annulment if one spouse can prove that force, threats, or violence was used to obtain their consent to enter the marriage.
Statute of Limitations for Filing an Annulment in Manhattan
Under New York State law, there are specific time limits within which one can file for an annulment. The statute of limitations varies depending on the grounds for annulment.
- Void marriages (incest/bigamy): No fixed limitation; they’re void, and a nullity action may be brought during the parties’ lifetimes.
- Underage: Not available to the spouse who was already of legal age at the time of marriage; barred if the spouses cohabited after turning 18.
- Physical incapacity to consummate: Must be filed within 5 years of the marriage, and the condition must be incurable.
- Fraud: File within the greater of 6 years from the fraud or 2 years from discovery (CPLR 213(8)); annulment is barred if you cohabited after learning the facts.
- Force/duress: May be brought at any time, unless ratified by later cohabitation.
- Mental illness/developmental disability: Actions may be brought during the disability (with standing for certain relatives).
To be eligible for an annulment in Manhattan, you must prove that your marriage is either void or voidable, and it must meet specific criteria according to New York State law. One should also be mindful of the statute of limitations when seeking annulment. It is highly recommended to consult with a knowledgeable family law attorney if you’re considering an annulment in Manhattan, as the process involves detailed legal procedures and knowledge of applicable statutes.
Residency Requirements for Filing an Annulment in Manhattan
To file for an annulment in Manhattan, you must meet New York residency rules before the court will hear your case. At least one spouse must have lived in New York for a year before filing. On top of that, one of these ties must exist: the marriage happened in New York, you and your spouse lived together here as a couple, or the facts giving you grounds for annulment occurred here. If both of you are New York residents when you file and the grounds arose here, the one-year requirement does not apply. There is a fallback. If none of the events happened in New York, you may still file once either spouse has lived in the state for two continuous years.
Here are a few examples. You married in New Jersey, then lived in Manhattan for a year; you can file. You got married in Florida and moved to the city three months ago; you cannot file yet. If you both live in Manhattan, and the alleged fraud or duress occurred here, you can file. You married abroad, never lived here as a couple, but you have two years of New York residency, you can file.
These rules are mandatory. Filing without them risks dismissal and extra costs. A Manhattan annulment attorney can map your timeline, pick the right venue, and collect proof of residency like leases, tax records, IDs, and utility bills. If unsure whether you qualify, a consultation with a Manhattan annulment attorney can point you in the right direction.
Annulment Process in Manhattan
Just like in filing for a divorce, individuals seeking an annulment in Manhattan need to adhere to the process of filing an annulment to avoid complications.
Filing the Case
Start in the New York County Supreme Court by purchasing an index number ($210) and filing a Summons with Notice or a Summons and Verified Complaint stating your grounds. Your attorney will prepare the pleadings and file them; fees are paid to the County Clerk.
Serving the Other Party
After filing, the next step is to serve the other party with the annulment documents. This ensures they’re aware of the annulment proceedings and have the opportunity to contest the action if necessary.
Your attorney will work with you to arrange service of the annulment papers, whether that’s through a process server, the sheriff’s office, or another approved method. It’s crucial that service is completed correctly, as any errors or inaccuracies can lead to delays or complications in the annulment process.
Court Hearings and Testimony
Depending on the details of your case and a decision by the other party to contest the annulment, the court may schedule hearings to gather testimony and evidence before making a decision. These hearings will typically be held in the Manhattan court where the annulment was filed.
Your attorney will be with you at every court hearing, presenting your case and advocating for the annulment of your marriage. You may also be required to testify to support your annulment claim, and your attorney will help you prepare for this if necessary.
Finalizing an Annulment
Once the judge has heard all the evidence and testimony, they will make a decision regarding the annulment of your marriage. If successful, the court will issue a judgment of annulment. The judgment can also include a name-restoration provision to resume a prior surname.
Your attorney will ensure all necessary steps are taken after the annulment is granted, including the filing of the annulment decree with the appropriate authorities in Manhattan. This finalizes the annulment process, and your marriage will be legally considered void as if it never occurred.
Facing Contested Annulments in Manhattan
In Manhattan, annulments can be contested, meaning one spouse may disagree with the annulment proceedings and fight it in court. Familiarizing yourself with the law on challenging an annulment and exploring potential counterclaims and defenses can help you prepare for the legal steps of this process.
Challenging an Annulment
To challenge an annulment in Manhattan, you will need to understand the legal grounds for it and provide evidence showing these grounds do not apply to your marriage. Annulments are only granted if the marriage is deemed invalid or voidable.
If you believe your marriage does not meet any of the grounds for annulment, you can challenge it by presenting evidence that contradicts the claims your spouse is making. You may want to gather documents, photographs, or witness testimony, or you may want to consult with a family law attorney.
When countering annulment claims, it is important to have a strong defense strategy. This might involve disproving the grounds for annulment, establishing that the plaintiff had consented to any problems (such as the inability to have sexual intercourse), or showing that your spouse already knew about any issues that might make the marriage voidable (for example, if your spouse knew you were underage).
Resolving Conflicts in Court
In a contested annulment case, a judge will ultimately decide whether or not to grant the annulment or any other counterclaims. During the trial, both parties will have the opportunity to present their case and evidence, as well as call witnesses and question the other spouse.
In some circumstances, alternative dispute resolution methods, like mediation or collaborative law, may be used to resolve conflicts outside of a courtroom. This can lead to less adversarial and more cooperative approaches to resolving issues, including division of assets, child custody, and support requirements.
If the court decides to grant an annulment, it is important to remember that the judge may still order you or your spouse to pay child support or alimony, grant custody or visitation rights, and divide marital property. This ensures that the outcome is fair, despite the annulment being granted.
Facing contested annulments in Manhattan can be difficult and emotionally exhausting. If you find yourself in this situation, it is important to remember that you have legal rights, and you should consider seeking professional advice and representation.
Post-Annulment Matters in Manhattan
In the state of New York, an annulment is a way for a couple to legally end their relationship while stating that the marriage was never valid in the first place. While an annulment is a different process from a divorce, there are still several matters that need to be addressed after the annulment is granted such as property division, child custody and visitation, child support and alimony, and returning to a previous name.
Property Division
When a marriage has been legally annulled, it is as though the marriage never existed in the first place. Therefore, when addressing matters of property division, the court views the couple as never having been married at all. This is different from divorce proceedings, where the court will evaluate and divide the couple’s assets based on various factors, such as the length of the marriage and each spouse’s financial needs.
In an annulment, the court generally restores each party to the financial status they had prior to the marriage. This means that any assets acquired by both spouses during the marriage will be divided in a manner that each spouse maintains their financial status prior to the marriage. It’s important to note that the court will consider various factors in its decision-making process, such as the length of the marriage, the parties’ financial situations, and any prenuptial agreements in place.
Child Custody and Visitation
Even though a marriage is annulled, any children born or adopted during the marriage will still be considered legitimate in the eyes of the law. As a result, both parents maintain their parental rights and obligations, and the court will decide on matters of child custody and visitation in the same manner as it would in a divorce.
When determining child custody and visitation arrangements, the court primarily focuses on what is in the best interest of the child. The court will consider factors such as each parent’s ability to provide a stable and loving home, the child’s relationships with their parents, and the child’s preferences, depending on their age and maturity. Like with divorces, parents may work together to create a custody and visitation agreement but, if they cannot agree, the court may step in to make the decision for them.
Child Support and Alimony
In situations where a marriage is annulled and there are children involved, the court will still require that one or both parents financially support their children. The amount of child support will be determined based on the same factors in divorce cases, such as each parent’s income and the child’s needs, using the New York Child Support Guidelines.
Alimony, on the other hand, is more complicated after an annulment. Because the marriage is considered void, spouses generally do not have any legal obligation to provide financial support to one another. However, depending on the individual circumstances of a case, a court may award temporary support while the annulment proceedings are ongoing or order a spouse to pay alimony in a rare instance where it is deemed equitable.
Returning to a Previous Name
When a marriage has been annulled, it is as if the marriage never existed. For this reason, it is quite common for an individual to want to revert to their previous name once the process has been completed. In Manhattan, the process to restore one’s previous name varies depending on the authority, religious or civil, that granted the annulment. In civil cases, the individual may simply request that the court include a provision in the annulment decree allowing the name change. In religious annulments, the individual may need to complete additional paperwork and follow different procedures to legally change their name. An attorney who handles annulment cases can outline the steps required to return to a previous name.
Working with Experienced Manhattan Annulment Attorney Juan Luciano
Navigating the annulment process without the assistance of a skilled attorney can be overwhelming and risky. A Manhattan annulment attorney can protect your rights, present your case effectively, and improve your chances of achieving a favorable outcome.
While consulting an attorney is not strictly necessary to get an annulment in New York, an experienced annulment attorney understands family law, including the specific grounds for annulment. They are well-versed in the legal requirements, documentation, and court procedures involved in filing an annulment petition as well as providing you with personalized guidance and advice tailored to your unique circumstances.
If you are considering filing for an annulment or need assistance with an ongoing annulment case, it is highly recommended to consult with a qualified Manhattan annulment attorney. Skilled New York City annulment attorney Juan Luciano can assess the merits of your case, help you understand your legal rights, and provide realistic expectations regarding the outcome of your annulment proceedings.
Take the first step towards resolving your annulment case by contacting Juan Luciano Divorce Lawyer today. We can offer a personalized, confidential consultation to assess your situation and guide you through the next steps of the legal process.
Call us at (212) 537-5859 or fill out our online form.
