Syracuse Annulment Lawyer Resolves Problems of Invalid Marriages
Knowledgeable counsel for void and voidable unions
Sometimes you recognize a mistake early on. If that mistake was an ill-considered marriage, the time to get out is now. The good news, however, is that you might not have to go through the process of getting a divorce. Annulment may be a quicker and easier alternative in the case of a marriage that is void or voidable. At Bombardo Law Office, P.C. in Syracuse, I help clients in those situations get the timely relief they need, so they can go back to their life as it was. If you have questions about your eligibility for an annulment, I’ve got answers to give you freedom and peace of mind.
What is annulment?
An annulment is a remedy that turns the clock back and legally declares that a marriage never took place. Unlike a divorce, which ends a legitimate union, an annulment is a court order that the parties were never really married because there was a flaw in the creation of the union. Annulment may also be an appropriate remedy for people who have religious objections to divorce.
The requirements and eligibility of annulments
To get an annulment, you must prove that your marriage is either void or voidable. Void marriages are those that can never be legitimate. They include the following:
- Marriages between close relatives
- Bigamous marriages, meaning one of the spouses is already married
- Marriages solemnized by someone without legal authority
In any of these circumstances, the State of New York would never legally recognize the marriage no matter how long the couple stayed together.
Voidable marriages are those that are defective at the point of creation but could become legitimate. These are examples:
- Underage marriages
- Marriages where a spouse lacked the mental capacity to give informed consent
- Marriages where a spouse consented due to duress, coercion or fraud
In these cases, time could cure the fault. An underage spouse who voluntarily stays in the marriage after reaching the age of consent ratifies the marriage. So, does a spouse who recovers mental capacity and decides to stay in the marriage or a spouse who discovers fraud but agrees to the union.
You can obtain an annulment of a void marriage at any time. However, if you are in a voidable marriage, you must request an annulment before your marriage becomes valid. If, in the opinion of the court, you let too much time lapse, you have legitimized your marriage. At that point, if you want to dissolve the marriage, you must obtain a divorce.
Can you remarry in the future if your marriage is annulled?
Annulment means there never was a marriage, so your status is single. You wouldn’t be remarrying; you would be marrying for the first time.
How does annulment affect custody and child support?
An annulment has no effect on a party’s parental rights, such as child custody or visitation, or on a child’s right to receive financial support from a parent.
Contact a proven Syracuse, New York family law attorney for annulment advice
Bombardo Law Office, P.C. in Syracuse represents Central New York clients seeking to annul a marriage. Please call 315-800-4002 or contact me online to schedule a meeting to discuss your legal options.