Annulment
Annulment is a legal procedure for declaring a
marriage null and void. When procured from the
Catholic Church it also enables one to get remarried in the Church. This is independent from obtaining a
civil divorce, although before beginning a process in front of the Eccliastical Tribunal, it has to be clear, that the marriage community cannot be rebuilt.
Annulment in New York State
The cause of action for Annulment in New York State is generally\nfraud (DRL §140 (e)). There are other arguments; see the Statute.
"Fraud" generally means the intentional deception of the Plaintiff\nby the Defendant in order to induce the Plaintiff to marry. The\nmisrepresentation must be substantial in nature, and the Plaintiff's\nconsent to the marriage predicated on the Defendant's statement. The\nperpetration of the fraud (prior to the marriage), and the discovery of\nthe fraud (subsequent to the marriage) must be proven by corroboration\nof a witness or other external proof, even if the Defendant admits guilt\n(DRL §144).\nThe time limit is three years (not one year). This does not run from\nthe date of the marriage, but the date the fraud was discovered, or\ncould reasonably have been discovered.
The grounds for annulment do not include any of the following:
- Failure to consummate the marriage\n* Failure to live together\n* Marriage less than 1 year\n* Mutual consent\n* Mistake\n* Already married
A bigamous marriage (one party was still married at the time of the\nsecond marriage)
cannot be annulled—it is
void ab initio (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void marriage" (DRL §140 (a)). The Court, upon proper pleadings, renders a Judgment that the marriage is void. There may be
effects of marriage such as a
property settlement and even
maintenance if the court finds it equitable to order such relief.
Multiple annulments
See also
\n*Catholic marriage theology\n*
Divorce.\n*
Separation