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Marriage Annulment

Bronx, NY |

Marriage annulment is it the same as a divorce? Is there a time limit in which u can file for an annulment? If u been married since 2004 can u file for an annulment or will it have to be a divorce?

Attorney Answers 3


Sorry you are going through this. Each state is different and the issues are whether the marriage is void and for what reason. There are many great NY attny's here on avvo that don't charge for consults, check with some local in the Bronx and good luck and take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Annulment is not the same as divorce. Annulment is based on grounds that there is or was some defect in the marriage so that it is not valid. Examples would include someone who is under-age, or already married and not divorced, or is a close relative like a cousin or sibling. Each state has different grounds and procedures for annulment. In Michigan, annulment is sometimes a more time consuming and difficult process than a divorce because we have No Fault Divorce, and litigants do not have to prove "grounds" for divorce, but do have to prove "grounds" for annulment. There are other pitfalls of annulment - for example, you will need to file amended tax returns if you filed jointly during the marriage since the marriage will have been declared invalid. For these reasons it is important to consult with an attorney to decide if annulment is the best alternative for youl.

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Although a divorce and an annulment will get you to the same place (being unmarried), the underlying reasoning behind each is slightly different. At a basic level, a divorce will end a marriage, an annulment will make it as if you were never married at all.

There are a number of grounds that you may have for an annulment, including incest, bigamy, and an underage spouse. Annulment may also be available for forced marriages, long term mental illness.

If you or someone you know is having an issue and is interested in getting out of a marriage, either through annulment or divorce, I would encourage you to call me, or any of the other very competent attorneys that you can find at this website.

Eric Reimer, Esq.
Admitted in NJ and NY
Paramus, NJ & White Plains, NY
(877) 885 - 8800

Mr. Reimer is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Reimer strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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