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Hudson Valley Family Law Attorneys Discuss Annulment, Separation & Divorce in New York

Making the decision to end your marriage is never easy. Even if you’ve decided that the problems in your marriage are too serious to ignore, there are additional choices you’ll need to make regarding how you wish to proceed. Rusk, Wadlin, Heppner & Martuscello’s attorneys are seasoned practitioners of family law who can walk you through making the right choice regarding how to separate from your spouse based on your personal needs. Contact us today to arrange for a consultation with one of our Hudson Valley family law attorneys.

Separation, annulment, and divorce, explained

  • Separation: This is an option for spouses who are not yet ready to divorce, but are facing serious issues in their marriage that must be repaired in order for the marriage to continue. A legal separation document can lay out certain terms that must be met in order to avoid divorce, and can also specify a visitation schedule, child support, and spousal support amounts for the duration of the separation. A legal separation can also be used during a divorce to prove to the court that you and your spouse have been living separate and apart for more than a year, in order to obtain a no-fault divorce. Rusk, Wadlin, Heppner & Martuscello’s skilled attorneys can help you draft a separation agreement that is personalized to your needs.
  • Annulment: This process renders a marriage null and void. A legal annulment is permitted under New York law only when the initial marriage was void or voidable, unlike a divorce, which is the termination of a lawful marriage. Circumstances where annulments may be available include:

    • incestuous marriages within the degree of relationship prohibited by law
    • marriages which occurred when a previous marriage had not yet been dissolved
    • marriages resulting from one spouse being coerced by fraud or threat, and
    • marriages where one spouse was unable to offer legal consent.
    • Religious annulments are offered on a different basis from annulments available under state law.
  • Divorce: This is the legal, permanent end of a marriage by order of the court. Divorces are granted by judges of the Supreme Court of New York, and require a court filing even where the divorce is uncontested. That said, the details of your divorce can be worked out through a collaborative divorce or mediation, and a divorce does not have to result in a drawn-out courtroom battle.

Get help making important decisions about your future

You may not yet be ready to end the marriage, but still want to establish certain legal protections from your husband or wife. If your marriage is relatively young and you have concerns about the way that ending the marriage could affect your future or your standing in your religious community, you may not wish to seek a divorce. All of these needs can be addressed by a capable New York family law attorney.

For assistance with a divorce, annulment, or legal separation agreement, contact the skilled and knowledgeable Hudson Valley family law attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP for a consultation, at 845-331-4100 (Kingston), or 845-236-4411 (Marlboro).

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Kingston Office

255 Fair Street, P.O. Box 3356
Kingston, New York 12402

Phone: 845-331-4100
Fax: 845-331-6930

Marlboro Office

1390 Route 9W, P.O. Box 727
Marlboro, NY 12542

Phone: 845-236-4411
Fax: 845-236-3190

Rusk, Wadlin, Heppner & Martuscello, LLP, is located in Kingston, NY and Marlboro, NY and serves clients in and around Ulster County as well as parts of Orange, Dutchess, Columbia and Greene Counties as well as many surrounding areas.

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