Manhattan Family Law Attorney Richard Roman Shum Explains Six Legal Grounds for Annulment in New York

Globe and Mail

a day ago

When a marriage in New York faces legal questions about its validity, understanding the specific reasons that qualify for annulment is critical. Manhattan family law attorney Richard Roman Shum (https://www.romanshum.com/six-legal-grounds-for-annulment-in-new-york/) of the Law Office of Richard Roman Shum outlines six legal grounds for annulment recognized by New York courts. Unlike divorce, which ends a valid marriage, annulment establishes that the marriage was never legally valid from the beginning, and each ground requires specific evidence to be proven in court.
Richard Roman Shum, a Manhattan family law attorney with more than 15 years of experience, emphasizes the importance of understanding that annulment is not based on mutual agreement alone. 'Unlike divorce, which ends a valid marriage, annulment declares that a marriage was never legally valid to begin with,' Shum explains. For anyone considering annulment, working with a family law attorney in Manhattan is essential due to the legal complexities and evidentiary demands involved.
For individuals unsure whether their marriage meets one of the six criteria, Richard Roman Shum, a dedicated Manhattan family law attorney, provides guidance on the importance of legal proof. Among the clearest grounds for annulment is bigamy—when one spouse is already legally married to someone else at the time of the wedding. With documentation such as certified marriage records and proof that a prior marriage was never dissolved, a person can petition the court to declare the subsequent marriage void.
The second legal ground discussed by Richard Roman Shum involves underage marriage. New York law requires parental consent for individuals under 18 and judicial approval for those under 16. If these conditions were not met at the time of marriage, the marriage may be voidable. However, courts also consider whether the underage spouse 'ratified' the marriage by continuing to live with their partner after reaching legal age. Richard Roman Shum advises gathering evidence like housing records or separate utility bills to demonstrate that no such ratification occurred.
Another significant basis for annulment is the lack of mental capacity at the time of the marriage. According to Manhattan family law attorney Richard Roman Shum, this refers to situations in which one party was unable to understand the nature of marriage due to mental illness, developmental disability, or intoxication at the time of the ceremony. Medical records, evaluations from licensed professionals, and witness testimony are typically required to prove this claim in court.
The fourth ground for annulment addresses physical incapacity that prevents consummation of the marriage. Under New York law, this means a permanent and incurable condition that makes sexual relations impossible. Richard Roman Shum explains that this does not include sterility; the law applies only to a physical inability to engage in sexual activity. To pursue an annulment on this basis, the condition must have been unknown at the time of the marriage, and the request must be filed within five years. Testimony from medical providers and personal accounts are often necessary to support the claim.
The fifth ground involves consent obtained through force, duress, or fraud. According to Richard Roman Shum, fraud must be material—meaning it involves a serious misrepresentation that influenced the decision to marry. Examples include marrying solely for immigration status or hiding a prior undissolved marriage. Courts demand corroborating evidence, such as emails or witness accounts, to support these claims. Similarly, proving duress requires showing that threats or coercion left the person with no real choice.
The sixth ground is incurable mental illness lasting five or more years after the marriage. Richard Roman Shum explains that this path requires a formal process: court-appointed psychiatric evaluations and documentation of a long-term, untreatable condition. All three appointed physicians must agree on the diagnosis. If annulment is granted on this ground, the filing spouse may be required to provide ongoing financial support for the mentally ill partner.
Richard Roman Shum also points out the higher legal burden in annulment cases. Unlike divorce, annulment cannot be granted by default or mutual agreement. Each case must go through a court proceeding, and New York law mandates corroborating evidence under Domestic Relations Law § 144. 'Even if your spouse openly admits in court to committing fraud, using duress, or concealing a material fact, the court still requires additional, independent evidence to confirm the claim,' the article states. The law is designed to prevent misuse of the annulment process.
For those in Manhattan exploring this option, it is important to act quickly and consult with a qualified attorney. Richard Roman Shum helps clients understand which legal grounds apply and how to present the necessary evidence. With careful preparation and legal support, individuals can pursue an annulment when the law allows.
Those questioning the validity of their marriage under New York law have legal options to consider. Annulment may provide a path forward in situations where a marriage was never valid to begin with. Richard Roman Shum assists clients in navigating the annulment process with clarity and focus.
About the Law Office of Richard Roman Shum:
The Law Office of Richard Roman Shum is based in Manhattan and focuses on family law matters including annulment, divorce, child custody, and marital disputes. Richard Roman Shum brings over 15 years of experience to clients seeking practical legal solutions and clear communication in emotionally complex situations.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=zaLxx65D_gc
GMB: https://www.google.com/maps?cid=3597344583150276913
Email and website
Email: [e-mail]
Website: https://www.romanshum.com/