JUAN LUCIANO DIVORCE LAWYER
Manhattan Annulment Lawyer | New York City Marriage Annulment Attorney
An annulment is a court process that treats your marriage as if it never happened, returning your legal status to single if a judge grants it. Unlike a divorce, which ends a valid marriage, an annulment declares that no valid marriage ever existed in the first place. This can occur when a marriage was void from day one or when certain problems existed at the time of the wedding.
Filing for annulment in New York County means meeting strict legal rules under Domestic Relations Law Sections 140 and 141. Many people learn they don’t qualify even though they think their marriage is invalid. Others with valid grounds miss important deadlines. The results of annulment differ from divorce in how they affect property, support, and your legal status.
Our experienced annulment attorney in Manhattan, Juan Luciano, has handled annulment cases throughout Manhattan and NYC for over 15 years. As a seasoned New York divorce lawyer, Juan can review whether your situation meets New York’s rules. He can also guide you through the process at Manhattan Family Court or New York County Supreme Court.
Contact Juan Luciano Divorce Lawyer at (212) 537-5859 to discuss your case.
What Is a Marriage Annulment in New York?
An annulment is a court order that declares a marriage legally invalid from day one. New York recognizes two types of invalid marriages under Domestic Relations Law Article 9: void marriages and voidable marriages.
A void marriage was never legally valid, even if both people thought it was. This includes marriages between close blood relatives and marriages where one person was already married to someone else. It also includes marriages performed by someone without legal authority. Void marriages can be challenged at any time because they were invalid from the start.
A voidable marriage seemed valid, but can be canceled based on specific legal problems that existed at the wedding. These include marriages where one person was underage or lacked mental capacity. They also include marriages where one person couldn’t consummate the marriage, agreed under force or threats, or married based on fraud. Voidable marriages stay legally valid until a court grants an annulment.
Top-rated attorney Juan Luciano can review your situation and determine whether you have grounds for annulment. Call (212) 537-5859 to schedule a consultation and learn more about how we can help you.
How Is Annulment Different From Divorce in Manhattan?
The key difference is what each process does legally. Divorce ends a valid marriage that the law recognized. Annulment declares the marriage was never legally valid. This affects how courts handle property, support, and your legal status afterward.
Under New York law, divorce may require showing the marriage has broken down for at least six months. This is called the “no-fault” ground. You can also prove fault-based grounds like cruel treatment, abandonment, or adultery. The court assumes the marriage was valid and divides property fairly. Annulment is different. You must prove specific problems existed at the time of the wedding; a higher standard of proof.
Factor | Divorce | Annulment |
Legal premise | Valid marriage being dissolved | Marriage was never valid |
Grounds required | No-fault (6 months breakdown) or fault-based | Specific defects at time of marriage |
Final legal status | “Divorced” / formerly married | “Single” (as if never married) |
Property approach | Fair division of marital property | Fair principles applied case-by-case |
Time limits for filing | None | Varies by ground (2-5 years for most) |
The practical effects go beyond legal details. After a divorce, you are “formerly married” on legal documents. After annulment, your status returns to “single” as if the marriage never happened. You still must disclose the annulled marriage when asked about prior marriages. For immigration, an annulled marriage may be treated as if it never existed. This can have serious results if one spouse got immigration benefits through the marriage.
Key Takeaway: Divorce ends a valid marriage; annulment declares it never existed. The choice affects your legal status, property rights, and immigration issues.
Understanding which option fits your situation needs a legal review of your specific facts. Juan Luciano can explain whether annulment or divorce works better for you. Contact Juan Luciano Divorce Lawyer at (212) 537-5859.
What Are the Legal Grounds for Annulment in New York?
New York law lists exactly which situations allow courts to grant annulments. Under DRL Section 140, grounds are split into void marriages and voidable marriages. Each has different rules, results, and time limits.
Void Marriages
Void marriages were never legally valid. They can be challenged at any time with no deadline. A marriage between close blood relatives is void under DRL Section 5. This includes parents and children, siblings, half-siblings, uncles and nieces, or aunts and nephews. A bigamous marriage, where one person was already married, is also void. This is true even if neither person knew about the existing marriage. A marriage performed by someone without legal authority is void from the start.
Voidable Marriages
Voidable marriages stay legally valid unless someone gets an annulment. An underage marriage can be annulled if either person was under 18 without proper consent. But if both people keep living together after the younger spouse turns 18, they lose this ground. Additionally, a marriage where one person couldn’t understand they were getting married can be annulled. This includes cases of mental illness, disability, or being drunk. In this situation, annulment must be filed within three years.
Physical inability to have sex is grounds if the condition existed at the wedding, the other person didn’t know, and the case is filed within five years. Force, threats, or pressure that overcame someone’s free will allows annulment if filed within two years. Fraud about something essential to the marriage allows annulment if filed within two years of finding out. Finally, incurable mental illness lasting five or more years allows annulment under DRL Section 141 any time after that period ends.
The grounds need specific evidence and legal proof. Juan Luciano can review whether your situation meets New York’s rules. Call (212) 537-5859 to discuss your case.
Can Marriage Fraud Be Grounds for Annulment in Manhattan?
Fraud is one of the hardest annulment grounds under New York law. Not every lie qualifies. The fraud must involve something essential to the marriage itself. New York courts require that the lie was so basic that the marriage would not have happened if the truth were known.
Under New York case law, fraud for annulment usually involves lies about core parts of marriage. The most common fraud involves lies about wanting or being able to have children. If children were a key reason for the marriage and one spouse lied about wanting them, this may be fraud. Hiding a medical condition that prevents having children can also support annulment.
Immigration Fraud and Other Essential Lies
Immigration fraud is another major category. Marriages entered just to get a green card, where one person never meant to have a real marriage, can be annulled. The deceived spouse must show that the other person lied about their plans. The marriage must have been fake from the beginning. Hiding a prior marriage that wasn’t dissolved is also fraud. This overlaps with bigamy, which makes the marriage void rather than voidable.
Lying about religious conversion may support annulment if both parties agreed it was essential. Hiding a serious criminal history or certain diseases can be fraud in some cases. Courts look at each situation to see if the lie went to something essential about the marriage.
Key Limits on Fraud Claims
The fraud must have caused the marriage. You must prove you relied on the lie and wouldn’t have married if you knew the truth. You must file within two years of finding out about the fraud, not from the wedding date. Manhattan courts enforce this deadline strictly.
New York law also includes a waiver rule. If you find out about the fraud and keep living with your spouse, you give up the right to annulment based on that fraud. Courts have found waiver when a deceived spouse learns the truth but keeps living together as a married couple. This waiver can happen quickly. Acting fast after finding fraud is essential.
Fraud must involve something essential to marriage, like intent to have children or immigration fraud. You have two years from discovery to file. It is important to remember that living together after the discovery of the fraud can invalidate your claim.
Proving fraud in annulment cases needs careful documents and legal planning. Juan Luciano has experience with fraud-based annulment claims in New York City courts.
Contact Juan Luciano Divorce Lawyer at (212) 537-5859 to review your situation and learn more about how we can help.
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Are There Time Limits to File for Annulment in New York?
New York sets deadlines for most annulment grounds. These deadlines vary based on which ground applies. Understanding them is critical because missing one can block your annulment claim for good. Divorce may be your only option to end the marriage.
For void marriages, those involving incest, bigamy, or an unauthorized person performing the ceremony, New York has no time limit. These marriages were never valid. Either party can challenge them at any time. However, getting a formal court order is still wise to clarify legal status and resolve property or custody issues.
Time Limits for Voidable Marriages
For voidable marriages, deadlines depend on the specific ground. Underage marriage claims can’t proceed if the couple kept living together freely after both turned 18. The law assumes they accepted the marriage by staying together as adults. Mental incapacity claims can be filed if the spouse has been incurably mentally ill for five years since the marriage.
Similarly, physical incapacity claims must be filed within five years of the wedding date. Force or coercion claims do not have a specific time frame, but the law recommends filing for annulment as soon as one is able. Fraud claims must be filed within two years of finding out about the fraud.
Courts verify these time limits strictly. Missing a deadline usually means annulment is no longer possible, requiring a divorce action instead. If you keep living together after finding grounds for annulment, you may lose your right to file.
Acting fast protects your legal options. Juan Luciano can check whether you are within the time limits and file your case in the Manhattan Family Court or the New York County Supreme Court. Call (212) 537-5859 to schedule a meeting.
What Is the Annulment Process in Manhattan?
Filing for annulment in Manhattan means working through the New York court system with carefully prepared legal papers. Unlike divorce, where standard forms are easy to find, annulment petitions must be written specifically for your case. According to the NY Courts’ divorce FAQ, courts do not provide forms for annulment. You file in either the New York County Supreme Court at 60 Centre Street or the Manhattan Family Court at 60 Lafayette Street.
Filing the Petition
The first step is preparing a verified complaint for annulment. This document must state the grounds under DRL Section 140. It must give facts supporting those grounds. It must also include information about any children, property, or money issues that need resolution. You must file the required financial forms if property or support is at issue. The clerk reviews your paperwork, gives you an index number, and processes your filing fee. Fee waivers are available based on income.
Service and Response
After filing, you must deliver the annulment papers to your spouse following New York’s rules. Personal service by a process server is usually required. The court may allow other methods if personal service is impossible. Your spouse then has 20 or 30 days to respond, depending on whether your spouse is served within or outside of the state. Your spouse may fight the annulment, agree to it, or file their own claims.
Discovery and Trial
If your spouse contests the annulment, the case moves to discovery. Both sides exchange information and documents. The court sets meetings to handle procedures, discuss settlement, and set deadlines. Annulment cases often involve more factual disputes than divorce. You must prove specific things existed at the time of the wedding, which may have been years ago.
The case ends with a hearing before a judge. New York does not use juries for annulment. You must present evidence supporting your grounds. This may include your testimony, witness statements, documents, photos, emails, texts, or expert testimony. Your spouse can present contrary evidence. The judge weighs the evidence and decides whether you met the legal standard.
If granted, the court issues a judgment declaring the marriage void or voidable. The judgment also addresses property, custody, child support, and possibly temporary support. The judgment must be entered with the County Clerk at 60 Centre Street to take effect. If denied, the marriage stays legally valid. You may appeal or pursue a divorce instead.
Juan Luciano has handled annulment cases in Manhattan Family Court and New York County Supreme Court throughout his 15 years of practice. We can help you build and file your case and advocate for your rights in and out of the courtroom. Call (212) 537-5859 for a consultation.
How Does Annulment Affect Property Division?
Property division in annulment cases creates unique problems. The legal idea is that no valid marriage existed. In divorce, New York’s equitable distribution law controls how courts divide marital property. Annulment technically means there was no marriage to create marital property. Yet courts must still address assets acquired by people who lived together as a married couple, sometimes for years.
New York courts handle this by applying fair principles to prevent unjust results. Under DRL Section 236, courts can distribute property even in annulment cases. If the court annuls a marriage after the parties lived together and built assets jointly, the court looks at each person’s contributions. It applies fairness principles to divide property. This review considers financial contributions, non-financial work like homemaking and childcare, career sacrifices, and whether one person would unfairly benefit if property were not divided.
How Courts Handle Different Assets
Property titled in only one person’s name usually stays with that person. The other person can claim an interest by showing direct money contributions to buying or maintaining the property. They can also show indirect contributions that created or increased value. Joint accounts and jointly titled property may be divided based on each person’s contributions.
Real property, like homes bought during the relationship, presents special problems. If both people are on the deed and mortgage, courts may order the sale and division of the money, buyout by one person, or other solutions. If only one person holds the title but both contributed, the non-owner may claim a share based on their contributions.
The court also addresses debts. Unlike divorce, where marital debt is typically shared, annulment may allow arguments that certain debts should not be shared. Courts assign debt based on who created it, who benefited from it, and each person’s ability to pay.
Courts still divide property fairly after annulment using fair principles, looking at each person’s contributions even though no “marital property” technically existed. Property issues in annulment need careful legal planning. Juan Luciano can push for fair property division in your New York annulment case.
Contact Juan Luciano Divorce Lawyer at (212) 537-5859 for a consultation today.
What Happens to Children When a Marriage Is Annulled?
Children born during an annulled marriage stay legitimate under New York law. Both parents keep full legal duties and rights regarding their children. Annulment does not affect the parent-child bond or the children’s legal status. The court must address custody, visitation, and child support as part of the annulment. It applies the same standards used in divorce.
Under New York Domestic Relations Law Section 70, the court decides custody based on the child’s best interests. Manhattan Family Court at 60 Lafayette Street handles these matters. The court looks at many factors. These include each parent’s ability to meet the child’s physical and emotional needs, each home’s stability, the child’s bond with each parent, and each parent’s health. The court considers the child’s preferences if old enough. It also looks at each parent’s willingness to support the child’s bond with the other parent. Domestic violence history matters too.
Child Support Duties
Child support in annulment cases follows the New York Child Support Standards Act; the same rules are used in divorce. The court calculates support based on both parents’ incomes using the Child Support Standards Chart. It applies set percentages:
- 17% for one child;
- 25% for two children;
- 29% for three;
- 31% for four, and;
- at least 35% for five or more.
The non-custodial parent typically pays their share to the custodial parent.
Extra expenses beyond basic support, like childcare, medical costs, school expenses, and activities, are split between parents based on their share of combined income. The court can adjust amounts if strict application would be unfair based on specific factors.
The annulment judgment must address custody, support, and parenting time even though the marriage itself is declared invalid. These rules are enforceable through the court. Either parent can seek changes if circumstances shift significantly after the judgment.
Protecting your children’s interests during annulment needs knowledge of Manhattan Family Court custody matters. Juan Luciano can push for fair custody arrangements and support calculations. Contact Juan Luciano Divorce Lawyer today for quality legal guidance.
Can I Receive Spousal Support After an Annulment?
Spousal support after annulment raises hard legal questions. Annulment declares the marriage never existed. Yet one person may have become financially dependent during the relationship. Generally, New York courts do not award permanent spousal support after annulment. The legal idea is that no valid marriage existed to create a duty of support.
During annulment proceedings, the court can award temporary support to a financially dependent spouse. This is called pendente lite support. It provides money while the annulment case is pending. It typically ends when the court grants the annulment. The court calculates temporary support using rules similar to divorce. It considers both incomes and how long the relationship lasted.
When Courts May Provide Relief After Annulment
After the annulment is granted, permanent spousal support is generally not available. New York courts have held that if a marriage never legally existed, no duty of spousal support arises. This makes annulment quite different from divorce. In divorce, support can be awarded based on marriage length, age, health, earning ability, and contributions.
However, courts keep some flexibility to prevent unfair outcomes in extreme cases. If one person can show they would suffer severe hardship without support, courts may apply equitable remedies. This includes situations where one spouse gave up career chances in reliance on the marriage. Legal avenues for financial relief might include payment for services provided during the relationship. Courts may also prevent one person from unfairly benefiting at the other’s expense.
The reasons for annulment may affect these considerations. In fraud-based annulments, if the innocent party relied on the marriage’s validity and made major life choices based on that reliance, courts may be more willing to provide some remedy. The length of the relationship also matters. A relationship of many years may trigger fairness considerations. A marriage of weeks likely will not.
Permanent spousal support is generally unavailable after annulment, but courts can award temporary support during proceedings and may grant relief in cases of severe unfairness.
If you face financial concerns after annulment, Juan Luciano can present arguments for fair remedies and temporary support. Schedule a consultation today. Call Juan Luciano Divorce Lawyer at (212) 537-5859 for experienced legal guidance.
Experienced Manhattan Annulment Attorney – Juan Luciano
Juan Luciano
Manhattan annulment lawyer Juan Luciano has practiced family law in New York City since his admission to the New York Supreme Court Appellate Division, Second Department, in February 2005. After years of handling family court matters as of counsel to other family law practitioners, he opened his own office in 2013 and has devoted his practice to divorce, annulment, and domestic relations throughout Manhattan and the five boroughs.
Mr. Luciano has been certified through the Appellate Division, First Department, to represent adults and children in family law, child protective, and juvenile delinquency matters, has served as President of the Bronx Family Court Bar Association, and has taught for the Practising Law Institute. His decisions and interviews appear in outlets such as the New York Law Journal and The Wall Street Journal. He speaks Spanish fluently and keeps his clients’ long-term family interests at the center of each annulment case. From offices in Midtown Manhattan and the Bronx, he offers annulment representation that balances respect, open communication, and compassionate counsel with a calculated, assertive litigation strategy when settlement efforts do not succeed.
Frequently Asked Questions About Marriage Annulment in Manhattan
How long does an annulment take in Manhattan?
Annulment timelines depend on whether your spouse contests the case. Uncontested annulments, where both parties agree, can be done in several months. This includes filing with the Manhattan Family Court or New York County Supreme Court, completing service, and getting the judgment. Contested annulments with factual disputes about grounds, property, or custody can take a year or longer.
Can I get an annulment if we have been married for years?
Marriage length does not automatically prevent annulment if valid grounds exist. New York law has no maximum duration for marriages that can be annulled. However, some grounds have time limits. Fraud claims must be filed within two years of discovery. Physical incapacity claims must be filed within five years of marriage. Living together after discovering grounds may waive your right to annul.
Is annulment better than divorce?
Neither is better in all cases. The right choice depends on your situation. Annulment only applies when specific grounds existed at the time of marriage; fraud, bigamy, mental incapacity, or coercion. If those grounds exist and you are within time limits, annulment may be better for religious reasons, immigration concerns, or personal preference. Divorce is available to anyone whose marriage has broken down and is often simpler. Juan Luciano can evaluate which option fits your circumstances.
What evidence do I need to prove fraud in an annulment case?
Proving fraud needs showing the other person lied about something essential. You must show you relied on the lies and wouldn’t have married if you knew the truth. Evidence may include text messages, emails, letters, recordings, witness testimony, documents that contradict claims, proof of prior marriages, evidence of immigration fraud intent, or expert testimony. The evidence must be strong because New York requires clear proof that fraud occurred.
Can I get an annulment for religious reasons?
Civil annulment under New York law and religious annulment through religious institutions are separate processes. If your situation meets New York’s legal grounds under DRL Sections 140 and 141, you can get a civil annulment regardless of religious considerations. The civil annulment affects your legal status, property rights, and ability to remarry civilly. Religious annulments follow your faith’s rules and affect your standing within that religion. Some people get both; others may need a civil divorce if they don’t qualify for civil annulment but still seek religious annulment.
What happens if the court denies my annulment petition?
If the court denies your petition, the marriage stays legally valid. You can appeal to the Appellate Division if you believe the court made legal errors. You can also file for divorce instead, which has different grounds and standards. Many people who can’t prove annulment grounds or who miss time limits proceed with a divorce to end the marriage.
Get Quality Legal Assistance Today
Annulment in Manhattan requires specific legal knowledge, careful evidence presentation, and familiarity with New York Family Court and Supreme Court procedures. The grounds for annulment under Domestic Relations Law Sections 140 and 141 are narrow. Having legal representation can make the difference between success and denial.
Juan Luciano has handled annulment matters throughout Manhattan and New York City for over 15 years. The firm serves clients from all five boroughs, Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Westchester County and surrounding areas. Juan Luciano addresses all aspects of your case and advocates for fair outcomes on property, custody, and support while pursuing the annulment itself.
If you believe your marriage may qualify for annulment under New York law, acting promptly protects your rights. Early consultation lets you understand your options, gather needed evidence, and file within applicable deadlines.
Contact Juan Luciano Divorce Lawyer today at (212) 537-5859 to schedule a consultation.
