How to Annul a Marriage in New York
Determine if your marriage is void., Decide whether you want or need a formal declaration of nullity., Gather evidence., Take the next step.
Step-by-Step Guide
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Step 1: Determine if your marriage is void.
In the state of New York, a marriage is only void for three possible reasons.
The first type of void marriage is an incestuous marriage.
An incestuous marriage is defined as a marriage between an ancestor and a descendant (parent-child or grandparent-grandchild), a marriage between a a brother and a sister, or a marriage between an uncle or aunt and their niece or nephew.
The second type of void marriage is a bigamous marriage.
A bigamous marriage occurs when one or both spouses get married while still married to another living person.
Under no circumstances does New York law recognize bigamous marriages.
The third type of void marriage is a marriage performed by a person who lacked the legal authority to perform marriages.
In New York, the power to perform (solemnize) a marriage ceremony is limited to ministers, clergy, judges, and certain city and county officials.
While the authority of ministers, clergy, and judges to perform marriages is statewide, the particular county or city official with the authority varies from jurisdiction to jurisdiction. -
Step 2: Decide whether you want or need a formal declaration of nullity.
When a marriage is void, the marriage license was granted to parties who could not have legally entered into a marriage contract.
Therefore, legally speaking, there never was an actual marriage, only the illusion of a marriage.
Since there was no marriage to begin with, technically, there is no need for an official declaration of nullity.
However, you still might want to seek a formal declaration of nullity if:
You have children as a result of the void marriage.
A formal declaration of nullity helps ensure that a child who is the result of a void marriage receives all the rights and privileges he or she is entitled to, including rights to inheritances and child support.
You think you might be entitled to alimony.
For example, if your spouse was a bigamist, that would render your marriage void.
However, you may have been married to the bigamist for some time, and therefore be entitled to receive alimony.
Alimony would be impossible to obtain without a formal declaration of nullity by the court.
You need to formally separate jointly held property.
Regardless of whether or not your marriage was legally void, you may have acquired property during the period you and your spouse were together.
If this is the case, obtaining a declaration of nullity can give you the legal foundation you need to separate common property on an equitable basis. , While the evidence necessary to demonstrate a marriage was void is not extensive, you will still need to provide evidence to the court.
If your marriage is void on grounds of bigamy, provide documentation for both of your spouse's marriage licenses.Baptismal or birth records should be sufficient evidence to demonstrate an incestuous marriage.
If the person who performed your marriage ceremony was unlicensed, then records from religious entities demonstrating a lack of affiliation between the minister and the denomination would be of great value. , No matter what, obtaining your declaration of nullity will require the involvement of a New York state court.
Most likely, you and your spouse will need to appear before a judge.
The details depend on the specifics of your case.
If the separation between you and your spouse will involve contested questions of property, child custody, and child support, you should strongly consider hiring an attorney to represent you in court.
If you do, then you only need to submit the evidence you gathered to your attorney and show up in court when the date is set.
If you do not use an attorney, then you need to go to your local county clerk of court's office.
There, you will find the necessary forms to initiate your case.
Fill out the forms and pay the filing fees.
You will receive a court date.
Show up to court on time and with all of the documentation necessary to prove to the judge that your marriage was void on the grounds that you claim. -
Step 3: Gather evidence.
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Step 4: Take the next step.
Detailed Guide
In the state of New York, a marriage is only void for three possible reasons.
The first type of void marriage is an incestuous marriage.
An incestuous marriage is defined as a marriage between an ancestor and a descendant (parent-child or grandparent-grandchild), a marriage between a a brother and a sister, or a marriage between an uncle or aunt and their niece or nephew.
The second type of void marriage is a bigamous marriage.
A bigamous marriage occurs when one or both spouses get married while still married to another living person.
Under no circumstances does New York law recognize bigamous marriages.
The third type of void marriage is a marriage performed by a person who lacked the legal authority to perform marriages.
In New York, the power to perform (solemnize) a marriage ceremony is limited to ministers, clergy, judges, and certain city and county officials.
While the authority of ministers, clergy, and judges to perform marriages is statewide, the particular county or city official with the authority varies from jurisdiction to jurisdiction.
When a marriage is void, the marriage license was granted to parties who could not have legally entered into a marriage contract.
Therefore, legally speaking, there never was an actual marriage, only the illusion of a marriage.
Since there was no marriage to begin with, technically, there is no need for an official declaration of nullity.
However, you still might want to seek a formal declaration of nullity if:
You have children as a result of the void marriage.
A formal declaration of nullity helps ensure that a child who is the result of a void marriage receives all the rights and privileges he or she is entitled to, including rights to inheritances and child support.
You think you might be entitled to alimony.
For example, if your spouse was a bigamist, that would render your marriage void.
However, you may have been married to the bigamist for some time, and therefore be entitled to receive alimony.
Alimony would be impossible to obtain without a formal declaration of nullity by the court.
You need to formally separate jointly held property.
Regardless of whether or not your marriage was legally void, you may have acquired property during the period you and your spouse were together.
If this is the case, obtaining a declaration of nullity can give you the legal foundation you need to separate common property on an equitable basis. , While the evidence necessary to demonstrate a marriage was void is not extensive, you will still need to provide evidence to the court.
If your marriage is void on grounds of bigamy, provide documentation for both of your spouse's marriage licenses.Baptismal or birth records should be sufficient evidence to demonstrate an incestuous marriage.
If the person who performed your marriage ceremony was unlicensed, then records from religious entities demonstrating a lack of affiliation between the minister and the denomination would be of great value. , No matter what, obtaining your declaration of nullity will require the involvement of a New York state court.
Most likely, you and your spouse will need to appear before a judge.
The details depend on the specifics of your case.
If the separation between you and your spouse will involve contested questions of property, child custody, and child support, you should strongly consider hiring an attorney to represent you in court.
If you do, then you only need to submit the evidence you gathered to your attorney and show up in court when the date is set.
If you do not use an attorney, then you need to go to your local county clerk of court's office.
There, you will find the necessary forms to initiate your case.
Fill out the forms and pay the filing fees.
You will receive a court date.
Show up to court on time and with all of the documentation necessary to prove to the judge that your marriage was void on the grounds that you claim.
About the Author
Joan Jimenez
Specializes in breaking down complex DIY projects topics into simple steps.
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