Marriage Annulment in New York

New York courts may annul a marriage under certain extraordinary circumstances. The most common reason for annulling a marriage is that a person consented to the marriage due to fraud,
duress or force. When a marriage is annulled, the record of the marriage and annulment remain in New York State, but the parties may be considered as having never been married.

The vast majority of annulment are based on fraud or material misrepresentations made to induce a person’s consent to marry. Unfortunately, women by far are more likely to be a victim of a fraudulent marriage.

Here are a few examples of annulment cases:

• Husband lied about his identity.
• Husband concealed his criminal records and drug addiction.
• Husband lied about his illegal immigration status.
• Husband lied about his sexual orientation.
• Husband lied about his immigration status and told the wife that
  he would be deported unless she married him.
• Husband married the wife for the sole purpose to
  obtain a green card to immigrate to the United States.
• Husband lied about his education and profession.
• Husband lied about his religion and refused to accommodate after
  the marriage.
• Husband promised to move to the U.S. but refused to do so after
  the marriage.
• Husband promised to move to the wife’s home country, but refused
  to do so after getting married.

To obtain a marriage annulment for fraud, it must be proven:

• There is preponderant evidence of fraud, duress or force.
• The plaintiff would not have married the defendant had he or she
  discovered the fraud before getting married.
• The annulment is filed within two years after the plaintiff
  discovers the fraud.
• The annulment is filed within three years after the defendant
  committed the fraud.
• The plaintiff stopped living with the defendant upon discovery of
  the fraud.

How I Can Help:

1. Annulment of marriage

A victim of marriage fraud does not have an absolute right to have a fraudulent marriage annulled. Whether to grant an annulment is in the court’s discretion.

In an annulment case, the burden of proof is placed on the plaintiff, who has been defrauded. Meeting the burden of proof is not a simple task that can be accomplished without legal advice and experience. Nonetheless, an annulment of marriage may be granted based on properly presented written evidence without any court appearances.

2. Immigration advice and service related to marriage fraud

Marriage fraud for immigration purpose is quite common. If you are a victim of a fraudulent marriage, you should seek immigration advice and service so that the immigration petitions that you made on behalf of a foreign spouse will be properly handled.