It s done with a summons. Unlike a divorce which a judge can grant upon written or sworn testimony without a trial an annulment will require the filing spouse to prove at least one of the grounds in court.
Everything starts with a summons but instead of asking the court to grant a divorce or a legal separation it s asking to grant an annulment.
How to get an annulment in new york state. When a marriage is annulled it is declared null and void. However there are a few circumstances which validate a marriage and remove the option of annulment. Your spouse was married to someone else when you got married your marriage is incestuous meaning you married a relative your spouse was of unsound mind at the time you married.
In order to obtain an annulment in new jersey you or your spouse must be a resident of new jersey at the time you file. In her complaint and later in an affidavit she alleges that she and her husband have never lived together. Obtain the required forms and instructions from a court clerk in new york or from a reputable online legal document provider.
There is no time limit for obtaining an annulment in new york. Incurable mental illness for a period of five years or more if your spouse is mentally ill for more than five years and cannot be cured you may be able to obtain an annulment. You should go to the supreme court in the county where you or your spouse now live.
An annulment in new york requires a trial and hearing before a judge. This is because the marriage is not valid and no amount of time passed will ever validate the marriage. Generally an annulment may be granted if.
The supreme court of the state of new york is the only court that handles divorce cases and a supreme court judge is the only person who can legally grant a divorce. The wife claims that immediately after being married in jamaica she returned to new york state but the husband refused and currently still resides in jamaica. This will divide your property child custody and take care of any other issues pertaining to your separation from your spouse.
If your spouse agrees with your decision to seek an annulment you may be able to represent yourself before the court. When you obtain an annulment of marriage in new york a declaration of nullity will be issued by the court. You cannot get a divorce in family court.
You should know that the court does not provide specific forms for annulment. The wife in this matter filed an action for annulment of her 31 year marriage. Filing for annulment in new york is easier if the matter is uncontested.
They file for an annulment the same way they file for a divorce or a separation. If one spouse has a previous marriage an annulment is always an option. The form you have to fill out and file is called a complaint for annulment.