Separation/Annulment

Here is some basic information on grounds for separation and annulment.

Separation Annulment in NYGrounds for Separation

Some couples want to legally separate but they stay married for possible future reconciliation or to maintain medical or tax benefits. Or, they can bring a separation action based upon one of the following grounds:

1. Cruel and inhuman treatment.
2. Abandonment (no period of days required).
3. Neglect or refusal to provide support.
4. Confinement in prison for three or more consecutive years.

Without a separation agreement or a separation judgment, just living separate and apart will not be considered being legally separated.

Grounds for Annulment
A divorce or separation is based upon grounds after the marriage. An annulment is based upon one of the following grounds before the marriage, and nullifies the marriage:

1. Former spouse living (bigamy).
2. Parties under age of consent.
3. Lack of understanding due to retardation or mental illness.
4. Physical incapacity to have sexual relations.
5. Consent by force, duress or fraud.
6. Incest.
7. Marriage solemnized by an improper official.

A marriage can also be annulled based upon incurable mental illness after five years.

To make a no-obligation appointment or just to talk to me, please callĀ (718) 309-5662 any time, 7 days a week, from 10 am to 10 pm.