When a legal divorce takes place, the marriage comes to a complete end. An annulment, on the other hand, does not end the marriage, but it establishes that the marriage was not legally valid, to begin with. If a person wants to get an annulment for their marriage, they will have to prove that one of the spouses was still married to someone else when the marriage took place or they must prove that one of the spouses was unable to have marital relations after the marriage, and this was uncurable.
Apart from proving that this was a second marriage or that the spouses did not have marital relations, a person can also request an annulment of their marriage if any of the following points apply:
- One of the spouses becomes incurably insane for 5 years or more
- One of the spouses cannot understand marriage because of their mental capacity
- One of the spouses was forced to marry the other
If a person has questions regarding religious annulment, they should consult with religious leaders in the faith that directly concerns them.
How Does Divorce Work in Queens, New York?
When a person files for divorce, they get the final legal ending of their marriage through a court order. The individual who begins the divorce court proceedings is called the plaintiff, and the other spouse is called the defendant. In New York, the Supreme Court is the only court that can handle divorce cases and legally grant a divorce.
If a person is seeking a divorce, they cannot go to family court, but they must go to the Supreme Court in the county they reside in. However, if a person wants help with matters concerning child custody, child support, and child visitation then they can go to Family Court to have these matters settled.
Anyone going through a legal separation should ensure they get the advice and help of a divorce lawyer. The last thing anyone would want during such an emotionally taxing time is to have to worry about the legal procedure and the technical details of the separation. A divorce lawyer can take care of all the paperwork and can guide a person on what’s steps to take to ensure that they are not taken advantage of and to make sure their rights are not taken away.
Get in touch with a qualified divorce attorney at the Law Office of Charles Zolot today to get legal advice on the divorce procedure and to make sure a person is given all their due rights during the separation process.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640