Manhattan Annulment Attorney Juan Luciano Discusses What Happens If A Couple Does Not Consummate Their Marriage
Manhattan annulment attorney Juan Luciano releases a new article (https://divorcelawfirmnyc.com/am-i-entitled-to-an-annulment-in-new-york-if-my-marriage-has-not-been-consummated/) that explains whether an annulment is possible if a couple does not consummate their marriage. The lawyer mentions that in a marriage, the first sexual act after the marriage is referred to as consummating the marriage. In New York, there is no legal requirement for a couple to consummate their marriage to make it legally valid.
According to the Manhattan annulment attorney, “Consequently, under New York civil law, an individual may not obtain an annulment if the marriage was not consummated unless under very specific circumstances. From a legal perspective, an annulment is a procedure that effectively cancels a marriage. While a divorce ends a valid marriage, an annulment essentially erases it and makes it void.”
The lawyer explains that there are two different types of annulments in New York. One type is called a void marriage. This is when the marriage was not valid in the first place. The other type is a voidable marriage which erases a legally valid marriage. Both cases can mean that the marriage never existed and the couple can consider themselves never legally married.
Attorney Juan Luciano mentions that a void marriage means that the couple was never legally married. This type of marriage will be automatically void under state laws. On the other hand, a voidable marriage requires grounds for annulment.
In the article, attorney Luciano also enumerates the five grounds for annulment. These grounds include that if one of the parties are under the age of 18 at the time of the marriage and the parental consent was not obtained, one spouse is not able to consent to the marriage because of a mental capacity, one spouse suffered from an incurable mental illness, consent for marriage was obtained through coercion, and one spouse lacked the physical capacity to consummate the marriage.
Furthermore, the lawyer explains that even though an annulment erases a marriage, there are still legal obligations and responsibilities that both spouses have to their children. If there are children out of an annulled marriage, they are still considered legitimate in the eyes of the law.
Lastly, attorney Luciano emphasizes that it is important to seek the help of an experienced annulment attorney when it comes to matters surrounding an annulment. A skilled attorney may be able to help the client understand their rights and responsibilities in the case.
About Juan Luciano Divorce Attorney
Juan Luciano has spent his career in the complex legal world of family law. He has earned a reputation for excellence at the negotiation table as well as when in court. He is also fluent in Spanish. Contact them today at (212) 537-5859 to set up an appointment for a consultation with New York divorce lawyer Juan Luciano.
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