Manhattan Divorce Lawyer Juan Luciano (https://divorcelawfirmnyc.com/am-i-entitled-to-an-annulment-in-new-york-if-my-marriage-has-not-been-consummated/) publishes a new article explaining whether it is possible to obtain an annulment if the marriage has not been consummated. The lawyer mentions that in the context of family law and marriage, the first sexual act after marriage is called consummation of marriage. This may be relevant in some other states, but in New York there is no legal requirement for a couple to consummate their marriage to make it valid.
“There are two different types of cancellations in New York. First, void marriage is where the marriage was not valid in the first place. The other, a voidable marriage, erases a legally valid marriage. In either case, it is as if the marriage had never existed, and both partners can consider themselves never to have been legally married,” explains the Manhattan Divorce Lawyer.
The lawyer mentions that from a legal point of view, an annulment is a procedure that effectively annuls a marriage. A divorce, on the other hand, ends a valid marriage. A void marriage means the marriage was never legal in New York and is automatically void under state law. For a marriage to be annulled, certain conditions must be met.
Attorney Juan Luciano adds that there are five grounds for annulment in New York. These grounds include that a party was under the age of 18 at the time of the marriage, that a spouse is unable to consent to the marriage due to mental incapacity, that a spouse has suffered from incurable mental illness for a period of five years, that the consent to the marriage was obtained by coercion, force, duress or fraud, and that one of the spouses did not have the physical capacity to consummate the marriage.
According to the divorce lawyer, “Even though an annulment fundamentally erases a marriage, there are still legal obligations and responsibilities that both spouses have to their children and to each other. Children born of an annulled marriage are still considered legitimate in the eyes of the law and both parents are still legally responsible for their physical, emotional and financial care, therefore the court may impose requirements for custody, support and parenting time.
Finally, the attorney stresses how important it is to seek the help of an experienced family law attorney when dealing with matters such as divorce or annulment. A knowledgeable family law attorney may be able to help the client understand their rights and responsibilities and also guide them on the next steps to take.
About Juan Luciano Divorce Lawyer
Juan Luciano has spent his career in the complex legal world of family law. He has earned a reputation for excellence at the bargaining table as well as before the courts. He is also fluent in Spanish. Contact us today at (212) 537-5859 to schedule an appointment for a consultation with Brooklyn family law attorney Juan Luciano.
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