Annulment Lawyer Nassau County

Spouses in Nassau County sometimes ask whether their marriage can be annulled rather than dissolved through a divorce, often because they believe the marriage was defective from the start rather than simply over. Annulment and divorce are legally distinct remedies under New York law, and confusing the two can lead a spouse toward the wrong filing entirely. Law Offices Of SRIS, P.C. advises Nassau County clients on how these two remedies differ conceptually and helps identify which theory, if either, fits a particular set of facts. Because the specific facts of a marriage determine which remedy is available, this page describes the general distinction between annulment and divorce rather than any specific annulment ground, and explains where New York’s divorce framework fits as an alternative path. Call (888) 437-7747 to request a scheduled consultation and discuss which remedy may apply to your situation.

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Annulment and Divorce Are Different Legal Remedies

The basic conceptual distinction between annulment and divorce is that an annulment addresses a marriage that was defective from its inception, while a divorce dissolves a marriage that was validly formed but has since broken down. In other words, an annulment proceeds on the theory that, for legal reasons tied to the circumstances at the time of the marriage, a valid marriage never fully came into existence in the first place, whereas a divorce proceeds on the theory that a valid marriage existed and is now being legally ended. Because these are different legal theories with different consequences, the facts surrounding how and why a marriage was entered into, not simply how the parties feel about the marriage now, determine which theory potentially applies. A Nassau County spouse who is uncertain whether their situation fits an annulment theory or is better addressed through a divorce filing should have those specific facts reviewed before deciding how to proceed, since the two remedies are not interchangeable and filing under the wrong theory can create delay.

How New York’s Divorce Framework Applies When Annulment Is Not the Right Fit

When the facts of a case do not support an annulment theory, New York’s divorce framework under Domestic Relations Law § 170 offers an alternative path. Section 170 sets out seven separate grounds on which a divorce may be sought, including a no-fault ground under § 170(7), which allows a divorce where the marriage has broken down irretrievably for a period of at least six months, provided the ancillary economic and custody issues in the case are resolved before judgment. Once a marriage is dissolved, whether through divorce or, where applicable, through an annulment, the economic issues in the case, such as the division of property and any maintenance question, are generally addressed under Domestic Relations Law § 236(B), which supplies the broader framework governing economic issues in New York matrimonial actions. Reviewing which framework applies, and why, is typically one of the first steps in evaluating a Nassau County case where annulment has been raised as a possibility.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. Mr. Sris and the firm’s Of Counsel attorneys advise Nassau County clients on annulment and divorce matters, including cases that would typically proceed in the New York State trial courts in Nassau County.

The firm does not maintain a physical location in Nassau County. Consultations are by appointment. The firm’s intake line is staffed 24/7, but the firm does not offer free consultations; clients are asked to request a scheduled consultation. The firm does not guarantee any particular outcome in an annulment or divorce matter, since the theory that fits a given case, and the ultimate result, depend on facts specific to that case.

Frequently Asked Questions

What is the difference between an annulment and a divorce in New York?

An annulment addresses a marriage that was legally defective from its inception, while a divorce dissolves a marriage that was validly formed but has since broken down. The two remedies rest on different legal theories and are not interchangeable.

How do I know if my situation fits an annulment or a divorce?

Which theory fits depends on the specific facts surrounding how and why the marriage was entered into. Mr. Sris and the firm’s Of Counsel attorneys can review those facts during a scheduled consultation.

Is a no-fault divorce available in New York if annulment is not appropriate?

Yes. Domestic Relations Law § 170(7) allows a divorce where the marriage has broken down irretrievably for at least six months, provided the ancillary economic and custody issues are resolved before judgment.

How are property and finances handled if a marriage is annulled or dissolved?

Economic issues arising from the end of a marriage are generally addressed under the framework set out in Domestic Relations Law § 236(B), which governs matrimonial actions in New York broadly.

Does the firm handle annulment cases connected to Nassau County?

Mr. Sris and the firm’s Of Counsel attorneys advise clients on annulment and divorce matters connected to Nassau County. The firm does not maintain a physical location in Nassau County, and consultations are by appointment.

Where would an annulment or divorce case in Nassau County be filed?

Such a matter would typically proceed in the New York State trial courts in Nassau County. The firm advises clients on these matters by appointment and does not maintain a physical location in the county.

Does the firm offer a free consultation for annulment matters?

No. Law Offices Of SRIS, P.C. does not offer free consultations. Call (888) 437-7747 to request a scheduled consultation.

Can the firm guarantee that an annulment will be granted?

No. The firm does not guarantee any particular outcome. Whether an annulment theory applies, and whether a court grants it, depends entirely on the facts of the case.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.