About Matrimonial Actions
Bronx Divorce Lawyer
Matrimonial actions are legal actions brought to court with the objective of establishing or changing the marital status of the involved parties. These actions consist of annulment, divorce, legal separation, and declaring the nullity of a void marriage. If you or someone you know needs legal assistance with a matrimonial action in the Bronx area, we urge you to contact us. Our firm is committed to helping you resolve your matrimonial matter as smoothly and efficiently as possible.
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Matrimonial actions can encompass all of the related issues involved in any divorce or legal separation which must be addressed and resolved, such as child custody and determining the marital property division. Child custody disputes and any post-divorce matters are also included in this legal field. If you need to modify a court order concerning child support, child custody, or any other aspect of your divorce, this can be done through the courts with the legal assistance of our Bronx divorce lawyers. If you need to relocate as the custodial parent, if the circumstances involved in raising your child have changed, or if you need assistance with enforcing or modifying child support payments, we can help.
Do I qualify for an annulment?
Annulment also ends a marriage, but on different grounds than a divorce. Annulments are usually retroactive and often based on grounds of fraud. When parties were legally incapable of marrying in the first place, such as those who were underage, an action declaring the nullity of the void marriage can be obtained. Because there are many complications and details involved in any matrimonial action, it is important that you have the competent guidance of an attorneys who practices in this field.
Annulments fall under two categories: void marriages and voidable marriages.
These marriages are those that were never legitimate under the law. Examples include:
- Incestuous marriages
- Previous marriages that were not dissolved and the former spouse is still living
These marriages can only be voided by the court. The court has the right to deny the request for annulment and rule that the marriage is valid. The court will consider annulment if one or both spouses is or was:
- Under the age of consent
- Incapable of consenting because of lack of mental capacity, or mental illness
- Incapable of consummating the marriage because of an incurable physical condition
- Forced to consent under duress or fraud
- Suffering from an incurable illness for 5 or more years