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What is an annulment?

An Annulment is very different than a Divorce. While a divorce ends a legal marriage, an annulment rules that the marriage is not legal. Because of this, the grounds for an annulment are very different than those for a divorce.

Grounds for an Annulment include:

  • Bigamy, or being married to someone else at the time of the marriage.
  • Inability to consummate the marriage through sexual intercourse.
  • Incurable Insanity for a period of at least five years after the marriage.
  • Mental Incapacity that prevented a spouse from understanding the nature, effect and consequences of the marriage.
  • Duress or force to marry.
  • The most common ground for a legal annulment is Fraud. Fraud in this case is defined as obtaining consent for the marriage by deceiving the other person.

Legal Annulments are not nearly as common as divorces and therefore the courts in New York State do not have standard forms to apply for an Annulment. In order to obtain an annulment you should consider consulting with a lawyer who is familiar with New York Domestic Relations Law §140. The Divorce and Family Law firm of Robert E. Hornberger, P.C. is very familiar with this law and will be happy to provide you with a complimentary consultation to discuss your case. Give us a call at 631-923-1910 or fill out the short form on this page to schedule your free consultation.

Posted in: Common Divorce & Separation Questions