In New York, a marriage can be ended in one of three ways, through death, annulment, or divorce. A Syracuse Family Law Attorney can assist with the legal issues arising out of an annulment or a divorce.
An annulment is a decree issued stating that a marriage is invalid. Certain marriages are automatically void. These include bigamy, incest, an absence of five years leading the other spouse to believe their spouse is dead, or a spouse serving a term of life imprisonment. Other marriages may be voided, but are not necessarily void. A minor who was not old enough to consent to marriage can seek to have the marriage voided before reaching the age of majority. If a person was mentally incapable of consenting, they can seek to have the marriage voided as can a person from whom a mental disability was hidden before agreeing to marry the mentally disabled person. If a person becomes incapable of having children, the other spouse can seek to have the marriage voided within five years of such a discovery. Any fraud or misrepresentation when entering into the marriage can cause the marriage to be voided within three years of the fraud.
Due to a recent change in the law, a divorce can now be fault or no fault. In a no fault divorce, one of the parties must state under oath that the marriage is irretrievably broken and has been for at least six months. In order for the divorce to be granted, all child and economic issues must first be taken care of. A Syracuse Family Law Attorney can assist with this.
There are several grounds for a fault based divorce. Adultery is a basis for divorce for five years from the time it occurred. Cruel and inhuman treatment, as determined by the age and physical condition of the parties is another ground. Abandonment for at least one year is another as is imprisonment for at least three years. A separation can also be considered a fault divorce. In a separation, the parties agree to live separately for at least one year and upon conclusion of the year the separation can be converted into a divorce.
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