How to Annul a Marriage in New York
In New York, an annulment is a legal process that declares a marriage null and void, as if it never happened. To obtain an annulment in New York, one of the following grounds must exist:
1. Lack of Capacity: If one or both spouses lacked the capacity to consent to the marriage due to mental illness, intoxication, or other reasons.
2. Underage Marriage: If one or both spouses were under 18 years old at the time of marriage.
3. Duress or Fraud: If one or both spouses were forced into the marriage or if the marriage was based on fraud, such as a marriage for immigration purposes.
4. Consanguinity: If the spouses are close blood relatives, such as siblings or first cousins.
To file for an annulment, you will need to go to the New York State Supreme Court in the county where either you or your spouse live, and file a Petition for Annulment. You will need to provide evidence to support your claim, such as medical records or witness statements.
It's important to note that annulment is not a substitute for divorce. If none of the grounds for annulment apply to your situation, you may need to consider filing for a divorce instead.
It's also recommended that you consult with a lawyer who specializes in family law to guide you through the process and ensure that your rights are protected.