New York family law attorney Ryan Besinque (https://www.besinquelaw.com/how-important-is-it-to-consummate-a-marriage/) of The Law Office of Ryan Besinque has recently published an insightful article addressing the question: "How Important Is It to Consummate a Marriage?" In the article, Besinque explores the common misconceptions surrounding the legal implications of consummating a marriage and its relevance to annulment proceedings in New York.
Contrary to the assumptions held by many, the article explains that in New York, the failure to consummate a marriage does not automatically grant grounds for an annulment or nullification of the marriage contract. The New York family law attorney emphasizes, "While many see consummation as a significant act within the context of a marriage, it is not a universal legal requirement for a valid union."
The article delves into the specific criteria under which an annulment can be sought in New York. One such criterion includes a situation where one party is physically unable to consummate the marriage, and this incapacity is discovered only after the marriage takes place. "In such cases, annulment is contingent on the inability to consummate being undisclosed prior to the wedding and must be acted upon within five years of marriage," clarifies the New York family law attorney.
Besinque also provides a detailed overview of what constitutes grounds for annulment in New York, including age restrictions, mental capacity, incurable mental illness, consent obtained under duress, and non-consummation due to physical incapacity. In addition to explaining these grounds, Besinque's article offers valuable insights into the legal definitions of annulment and divorce, the steps required to prove grounds for annulment, and the potential legal outcomes of an annulment on issues such as child custody, asset division, and spousal support.
In his article, Ryan Besinque advises, "The legal proceedings for annulments are complex, and while they do not invalidate a marriage, they can terminate a legally existing one. Hence, professional legal assistance is often indispensable."
The question of whether a lawyer is necessary to file for an annulment is also addressed, with the article highlighting the complexity of legal annulment proceedings and the fundamental differences from divorce. "Understanding the legalities surrounding annulment within the jurisdiction is vital, and this is where the role of a local divorce attorney becomes invaluable," states Besinque.
The article encourages those considering annulment to contemplate the legal rights and responsibilities that follow, particularly concerning children, property, and spousal maintenance. The annulment process, while annulling the marriage, does not negate the couple's responsibilities towards their children or the equitable distribution of marital assets.
For individuals facing the complexities of family law, whether concerning annulment, divorce, or related matters, the article serves as a reminder of the importance of informed legal counsel. It encourages those in need of assistance to reach out for professional guidance.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is dedicated to providing nuanced legal assistance in the realm of family law. The firm's commitment to understanding each client's unique situation, coupled with an in-depth knowledge of New York family law, positions it as a trusted resource for those navigating challenging family law matters. With a focus on compassionate and comprehensive legal support, The Law Office of Ryan Besinque aims to facilitate the best possible outcomes for clients and their families.
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