From the Law Office of Richard Roman Shum, Esq. – Six Legal Grounds for Annulment in New York (and How to Prove Them) offers a clear, step-by-step guide to understanding when a marriage can be declared legally void in New York. Unlike divorce, which ends a valid union, annulment asserts that the marriage was never legally valid in the first place. This episode explores each of the six statutory grounds for annulment—bigamy, underage marriage without proper consent, lack of mental capacity at the time of the wedding, incurable physical incapacity, consent obtained through force, duress, or fraud, and incurable mental illness of five years or more—while explaining the exact evidence courts require to prove them.
Listeners will gain insight into how New York’s Domestic Relations Law outlines each ground in detail, from proving a prior existing marriage under DRL § 140(a) to establishing the legal complexities of mental incapacity under DRL § 140(c). The discussion also highlights the unique challenges of demonstrating incurable physical incapacity under DRL § 140(d) and how fraud or duress claims under DRL § 140(e) must be backed by corroborating evidence such as witness statements, written communications, or official records. The episode clarifies how courts distinguish between these grounds and why the right type of documentation and testimony is vital.
The episode also addresses the strict procedural rules that set annulment apart from divorce, including the heightened burden of proof, the prohibition of “uncontested” annulments, and the requirement for independent corroboration under DRL § 144(2). Listeners will hear how each case demands objective, verifiable evidence—whether it’s a certified marriage record, medical evaluations by court-appointed physicians, or housing and utility records proving separate living arrangements. The right to a jury trial in most annulment cases, except those involving physical incapacity, adds another layer of formality that will be explored.
By the end, you’ll understand why annulment cases are often more complex and demanding than divorce, and how legal representation can make a decisive difference. Drawing on over 15 years of experience, Manhattan family law attorney Richard Roman Shum, Esq. shares his strategic approach to protecting clients’ rights, gathering persuasive evidence, and navigating New York’s exacting annulment process. Whether you’re facing issues of fraud, incapacity, or a prior undisclosed marriage, this episode equips you with the knowledge to assess your options and take informed steps toward a legal resolution.
Law Office of Richard Roman Shum, Esq
20 Clinton St FRNT 5D, New York, NY 10002, United States
(646) 259-3416
