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Annulment

Buffalo Annulment Lawyers Helps Undo Invalid Marriages

Firm advises Western New Yorkers looking to break legal ties with their spouse

Some people assume incorrectly that civil annulment is merely a desirable alternative to divorce for recently married spouses. This is not the case. To obtain an annulment, you must demonstrate that the union was never proper to begin win due to one of the specific reasons given in new York Law. At the Law Offices of Randy S. Margulis in Williamsville and downtown Buffalo, we will answer your questions about whether your marriage is eligible for annulment. If it is, we can guide you through the relevant legal process. Alternatively, our firm can develop a plan for a relatively speedy divorce so that you can move on.

Reasons why a marriage can be annulled under New York State law

Like divorce, annulment is the end of a couple’s married life together. The primary difference is that an annulment is a court order declaring that a marriage was never valid in the first place. A court will consider six reasons for voiding a marriage:

  • Bigamy — A marriage is not legal if one of the parties was legally wed to someone else at the time the marriage took place.
  • One or both parties were too young — If one of the spouses was under the age of 18 and did not continue to cohabitate after coming of age, the marriage could be invalidated under certain circumstances.
  • Consent for the marriage was obtained by duress or fraud — Someone who was unaware that their spouse entered into the marriage solely for immigration purposes might receive annulment. Other instances where this ground might be used would be where the agreement to marry was based on a lie about pregnancy or in response to physical threats.
  • One party was mentally incapacitated at the time of marriage — Both parties must be mentally capable of agreeing to a marriage at the time it occurs.
  • One party lacked physical capacity to consummate the marriage — If either spouse was unable to have sexual intercourse, this could be grounds for an annulment.
  • One party has a long-term mental illness — In the event that one party has suffered from an incurable mental illness for five or more years, the other may be able to obtain an annulment.

An attorney with experience handling divorce and annulment matters can help you make your case by collecting evidence demonstrating that the union was not proper from the start. The longer you wait while living as spouses, the harder it may be to invalidate the marriage.

Asset division and custody issues after an annulment

Once you have determined that you are eligible for an annulment of your marriage, you should work on settling issues related to the division of property and custody of any minor children that you share with the other party. Just as in divorce, if these matters cannot be agreed upon between the parties, the matter will have to be decided by a judge. A court can order an equitable distribution of shared property as well as maintenance payments, also known as alimony. In the case of children, just as in a divorce, you both remain responsible as parents and a court will issue an order concerning child support, custody and visitation.

Contact an experienced Buffalo family law firm about annulments in New York

Call the Law Offices of Randy S. Margulis today at 716-886-9600 or contact our firm online to schedule an initial consultation regarding annulment or another family law concern. From our offices in Williamsville and downtown Buffalo, we represent clients living throughout Western New York.

Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 27 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Associate

Alexandra M. Rockwood is an Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She practices primarily in the areas of matrimonial and family law. Ms. Rockwood graduated magna cum laude from SUNY Geneseo with a degree in History and minors in Political…

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    Client

  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

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    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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