Legal Steps for Filing for an Annulment in New York

Some people think an annulment is just a quicker divorce. It’s not. In New York, annulment means the marriage was never valid in the eyes of the law. It’s like saying the marriage never legally happened. This can be comforting for someone who feels their marriage was wrong from the start. If you qualify, an annulment helps wipe the slate clean.

A divorce ends a valid marriage. An annulment, though, says the marriage wasn’t legally valid to begin with. That’s a big difference. If you get an annulment, it’s as if you were never married. That can change how things like property, support, and even child custody are handled.

Who Can Get an Annulment in New York

Not every unhappy marriage can be annulled. You have to show the court that your marriage falls under one of a few legal reasons. These reasons include when one spouse was already married to someone else, when one was too young to marry without a parent or judge’s okay, or when one person couldn’t understand what marriage means—maybe because of mental illness or being under the influence at the time.

Other cases include marriages where there was force or fraud. For example, if someone married just to get a green card and never meant to be a real spouse, or lied about something very important, that could count as fraud. But lying about money or habits may not be enough. The court looks at whether the lie made you agree to marry when you wouldn’t have otherwise.

How to Start the Process

If you think you qualify for an annulment, you have to go to court. You’ll file a legal paper called a “Summons with Notice” or a “Summons and Verified Complaint.” This starts the case. You’ll explain why you think the marriage should be annulled and tell your story. You’ll also say what you want from the judge—like if you want the court to decide child support or divide property.

This paperwork has to be delivered to your spouse. That’s called “serving” them. They get a chance to respond. If they agree, the process can move faster. If they don’t, the court will hear both sides and decide.

What the Court Will Look At

When you ask for an annulment, it’s not enough to say the marriage felt wrong. The court needs proof that it fits one of the legal reasons. That might mean showing medical records, past marriage papers, or having people testify. The court will ask questions to make sure the marriage was never legally right from the start.

Even though the marriage might not have been legal, the court can still decide things like child custody or money. They’ll look at what’s fair, especially if kids are involved. Just because the marriage is erased doesn’t mean one person can just walk away from responsibilities.

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What Happens After Annulment Is Granted

If the judge agrees to annul the marriage, the court will give you a paper saying the marriage was void or voidable. That means it was never a legal marriage, or it became invalid for a reason the court accepts.

This doesn’t mean you’re suddenly free from everything. You may still need to work out custody, child support, or even spousal support. And if you got married in a religious setting, you might want to ask your religious leader about a church annulment, too. That’s separate from the legal one.

Why People Choose Annulment

People go this route for many reasons. Some want to protect their religious standing. Others feel deeply that the marriage was a mistake from day one. Sometimes it’s about peace of mind. If the marriage involved fraud, abuse, or a secret, an annulment can help someone feel like they’re not bound to a lie.

What Happens to Shared Property

Even if a marriage is annulled, the court might still step in to divide property fairly. That means things you bought together, like a car or a home, may still need to be split. The judge will look at what’s fair based on how long you were together and who paid for what. This part of the case can be just as important as the annulment itself. It’s not about punishing anyone—it’s about making sure no one walks away with more than they should.

What About the Kids

If you and your spouse had children together, the annulment doesn’t change your responsibilities as a parent. The court will still decide who the children live with and how often the other parent can visit. They’ll also look at who should pay child support. The court’s main concern is the children’s well-being, not whether the marriage was legal or not. Both parents still have to provide for their kids, no matter what happens with the annulment.

How Long It Takes

An annulment can take longer than you think. If your spouse agrees, it might go quickly. But if they fight it or don’t respond, it can drag out. The court may ask for more proof, more papers, or even a hearing. Patience matters. You’ll need to stay organized and be ready to explain why your case fits the law. Having someone help you with the legal steps can make this part smoother.

Religious Annulment Is Not the Same

Some people want an annulment for religious reasons. Maybe their faith doesn’t allow divorce, or they want to marry again within their church. But the court doesn’t look at religion when it decides annulments. You’ll need to talk to your faith leader separately about that. The court only deals with the legal side—what New York law says about your marriage, not what your religion believes.

When You Need Help

The process isn’t always easy. It can take time and bring up tough emotions. And proving the legal reasons can be tricky. That’s where a lawyer can step in. A good lawyer helps you gather what the court needs, explains your rights, and guides you each step of the way. You don’t have to go through it alone.

If you believe your marriage wasn’t valid, and you want a clean break, you may have the right to ask the court for an annulment. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we listen without judgment, explain what’s possible, and stand by you through the entire process. When you’re ready to take the next step, give us a call.

To learn more about this subject click here: Understanding Annulments