(Nullity),(Annulment)
Couples often say that they are fated to be together by the heavens, but at the same time, marriage is also a legal contract. Therefore, in order to terminate a marriage, one must go through legal proceedings. Many people think that divorce is the only way to end a marriage, but there are cases where a marriage annulment or cancellation lawsuit can be used to invalidate the marriage itself. Marriage annulment and cancellation lawsuits are defined by the law of the state, and there may be minor differences depending on the area of residence. Today, we will discuss marriage annulment and cancellation lawsuits based on New York law.
There are two major cases where a marriage annulment is possible. First, if a spouse remarries without properly ending their previous marriage, they can file for a marriage annulment instead of a divorce to completely invalidate the fact that they were ever married. Second, if a person marries a close relative, this can also be grounds for a marriage annulment, but it is also considered a criminal act and subject to criminal punishment.
There are six cases where a marriage cancellation lawsuit is possible. They are as follows: 1) marriage between minors, 2) marriage when one party had a mental disorder at the time, 3) marriage by force, 4) marriage fraud, 5) physical incapacity, and 6) when a spouse is diagnosed with an incurable mental illness within five years of the marriage.
Currently, the legal age for marriage in New York is 18. If one is under 18, they need the consent of their parents or the court to get married. If one is under 14, even with parental consent, the marriage itself is not legally possible. However, if two people who are married continue to live together and maintain a spousal relationship after turning 18, only divorce is possible, not marriage cancellation. If a person had a mental disorder at the time of marriage, the marriage itself can be invalidated. This is a common situation in movies or dramas where a wealthy elderly person with Alzheimer’s marries a young woman, and their children sue to invalidate the marriage as being for the purpose of inheritance. The reason why this lawsuit is possible is that mental disorder can be a basis for a marriage cancellation lawsuit. However, depending on the severity of the mental disorder, the result of the annulment lawsuit may be that the marriage is invalidated or recognized as valid. Marriage cancellation lawsuits can also be filed if the marriage was forced or threatened by another person. However, if the threat or coercion is no longer present and the couple continues to live together, a marriage cancellation lawsuit is not possible. The most common reason for a marriage cancellation lawsuit is marriage fraud.
If one side lies or hides facts about an “essential aspect of the marriage,” the law allows for a marriage annulment lawsuit based on fraud. The problem is determining what constitutes an “essential aspect.” Previous court decisions have allowed annulment based on lying about religion when it is a critical factor for the other spouse, as well as lying about gender identity. However, lying about income or occupation has not been sufficient grounds for annulment. If you wish to annul a marriage based on fraud, the statute of limitations is three years, so you must file a lawsuit within that time frame. Other grounds for annulment include physical problems and mental illness that lasts for more than five years after the marriage, but these are highly specific and depend on individual circumstances, so consultation with a lawyer is necessary. If you are considering separation after marriage, remember that marriage nullity or annulment is possible depending on the reason for the separation, not just divorce. If you have any additional questions related to family law or if you want to know about a legal matter, please do not hesitate to contact mail@songlawfirm.com.