Annulments

Brooklyn Annulment Attorneys

35+ Years of Family Law Practice, Including a CPA’s Financial Perspective

Deciding between divorce and annulment isn’t always straightforward. The two remedies carry different legal standards, different evidentiary requirements, and different outcomes. The right path depends entirely on the facts of your marriage. At Arnel Law Firm, our Brooklyn annulment attorneys have been guiding clients through that decision since 1984, exclusively in family law.

Call Arnel Law Firm today at (718) 550-3024 or contact us online to schedule a consultation with our annulment lawyer in Brooklyn!

What Is an Annulment?

An annulment is a court declaration that a marriage is null and void, treated as though it never legally existed. This is fundamentally different from divorce, which dissolves a valid marriage. Annulment can be pursued on grounds including lack of consent, fraud, and legal incapacity, but each ground carries its own evidentiary requirements under New York law.

Grounds for Annulment in New York Under DRL §140

New York law distinguishes between void marriages and voidable marriages. A void marriage, such as a bigamous or incestuous union under Domestic Relations Law (DRL) §§5 and 6, is invalid from the moment it was entered into, though a court declaration may still be sought to formally confirm that status. Voidable marriages are treated as valid until a court annuls them based on grounds codified in DRL §140.

New York recognizes the following grounds under which an annulment may be granted:

Lack of Consent: A marriage can be annulled if one or both spouses were unable to consent due to mental incapacity, intoxication, or coercion.
Fraud or Misrepresentation: A marriage can be annulled if one party was misled about an essential aspect of the marriage, such as the ability to have children or a concealed prior marriage. Under DRL §140(e), a fraud-based action must be brought within three years of discovering the fraud.
Physical Incapacity: If one party is physically incapable of consummating the marriage, the condition was undisclosed before the marriage, and it is incurable, an annulment may be granted under DRL §140(d). This action must be commenced within five years of the marriage.
Underage Marriage: If either spouse was underage at the time of the marriage without the required parental or judicial consent, the marriage can be annulled under DRL §140(b).
Bigamy: If one party was already married at the time of the wedding, the subsequent marriage is void and eligible for annulment.
Incurable Mental Illness: A marriage may be annulled under DRL §140(f) if a spouse has been incurably mentally ill for five or more years.

Proving any of these grounds requires presenting substantiated evidence at a court hearing. The burden of proof in annulment proceedings is higher than in a standard divorce, and our Brooklyn annulment attorneys can help you gather the necessary evidence and prepare your case.

How Long Does an Annulment Take?

The timeline depends on the complexity of your case and the specific grounds involved. Straightforward cases, such as bigamy, where the marriage is void from inception, can resolve more quickly. Cases involving fraud or disputed incapacity require more extensive evidence gathering and legal proceedings.

Unlike a no-fault divorce, which may be resolved on written testimony alone, an annulment requires a trial and hearing before a judge. The filing spouse must present evidence and, in some cases, call witnesses. There is no minimum marriage duration before seeking an annulment in New York.

Filing for an annulment in New York involves:

Submitting a petition to the court stating the grounds.
Serving the other party and providing proof of service.
Gathering supporting evidence.
Attending the hearing before a judge.

Depending on the court’s schedule and the specifics of your case, the process can take anywhere from several months to over a year.

Property, Children, & What Comes After an Annulment

An annulment doesn’t eliminate all legal obligations that arose during the marriage. Even when a marriage is declared void or voidable, Kings County Supreme Court may still address property division, spousal support, child custody, and child support as ancillary matters. New York courts apply equitable distribution principles to property acquired during the marriage, even in annulment proceedings. Children born during a marriage that is later annulled remain legitimate under New York law, and their custody, support, and visitation rights are fully intact.

Cases involving financial fraud, where one spouse concealed assets or misrepresented financial circumstances to induce the marriage, can carry significant financial stakes beyond the annulment itself. Attorney Curt Arnel’s background as a certified public accountant gives our firm a practical advantage in these situations. Across more than 1,000 cases, our team has worked through the financial complexities that often accompany family law proceedings, and we bring that same legal and financial perspective to annulment cases where property restitution or asset questions are in play.

Contact Our Brooklyn Annulment Lawyers Today

Our annulment attorneys at Arnel Law Firm have focused exclusively on family law since 1984, with more than 35 years of practice and over 1,000 cases handled. We take time to walk clients through the process, explain the legal standards that apply to their situation, and help them move forward with a clear picture of their options. Free consultations are available in person or virtually. If you believe your marriage may qualify for an annulment, reaching out for a case evaluation can be a helpful first step.

Contact Arnel Law Firm today to schedule a consultation with our annulment attorney in Brooklyn!

Why Brooklyn Clients Choose Arnel Law Firm for Annulment Cases

Annulment proceedings carry a higher evidentiary burden than divorce, and outcomes depend heavily on how well the case is built and presented. Arnel Law Firm has been handling family law matters since 1984, with a caseload dedicated exclusively to family law. That focused practice, spanning more than 1,000 cases, means we understand how New York courts evaluate annulment grounds and what it takes to meet the burden of proof at a hearing. We also offer free consultations, available in person or virtually, so you can discuss your situation before committing to a course of action.

What sets our approach apart is attorney Curt Arnel’s background as a certified public accountant. When an annulment case involves financial misrepresentation, concealed assets, or property questions that arise even after a marriage is declared void, that legal and financial perspective matters. We work to keep clients informed about not just the legal path ahead, but the financial implications at every stage.

Annulment vs. Divorce: Choosing the Right Legal Path

A common misconception is that annulment is available whenever a marriage was brief or regrettable. Under New York’s Domestic Relations Law §140, that’s not how civil annulment works. The grounds are specific and must be proven at a court hearing. A short marriage, a change of heart, or a preference for annulment based on religious beliefs doesn’t satisfy the legal standard. When no statutory ground applies, divorce remains the appropriate remedy.

It’s also worth noting that a civil annulment is entirely separate from a religious annulment. A religious institution’s determination has no civil legal effect. A civil annulment is a court proceeding with defined evidentiary requirements.

Situations where annulment may apply include:

Marriage Fraud: Misrepresentation about identity, willingness to have children, immigration status, or a concealed prior marriage may support a fraud-based claim under DRL §140(e).
Void Marriage: Bigamous or incestuous marriages are void from inception and may be formally confirmed as such by the court.
Undisclosed Physical Incapacity: An incurable condition that prevents consummation and was not disclosed before the marriage may qualify under DRL §140(d). Lack of consummation alone is not grounds; the incapacity must be both incurable and undisclosed.
Mental Incapacity: A spouse who lacked the capacity to consent at the time of the marriage may have grounds under DRL §140(c).

Because the evidentiary burden in annulment proceedings is higher than in divorce, an early case evaluation with an annulment lawyer in Brooklyn can be a helpful starting point. Our team can assess whether a statutory ground applies to your situation and help you understand which legal path makes sense before you take any formal steps. Learn more about the grounds for annulment in New York.

Contact Arnel Law Firm Today

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Clients Share Their Stories

At Arnel Law Firm, We Believe in Empowering Our Clients

by equipping them with the tools, resources, knowledge, and support needed to make informed and effective decisions. Above all, we want to see your case resolved successfully. Take a look at what others have to say about their experiences working with our Brooklyn divorce law firm.

“When I left the court room that day I was so happy my blood pressure went down.”
Mr. Arnel thank you very much for your help. When I received the court paper I wanted to call someone for help, you were the first Lawyer I call. You had help me before with some child support difficulties. And when I couldn't reach you, you daughter, Lawyer Lauren Arnel answered the phone. She was very understanding and kind enough to give me your email address. The day I came to New York City for the court date, I came with a heavy heart not knowing what's going to happen. But in the court that day Lawyer Howard Gardner presented the case beautifully and ask the court for a dismissal. And the Judge had to dismiss the case with no further argument. When I left the court room that day I was so happy my blood pressure went down.
All in all, It was a team work from your Firm. Thank you again to Mrs. L. Arnel and Mr. H. Gardner.
I will always recommend you Firm to anyone who is seeking legal help.
Mr. Arnel thank you very much.

J.M.
“They are honest from the start”
Excellent law firm. I am a father/service member that was awarded primary physical custody, final decision making of my son, and my child support payments was terminated thanks to Arnel law Firm. Curt, Lauren and Howard have years of experience and will represent you like Mike Tyson in the ring. They are relentless to the very end. They were able to prove that I was the more involved parent, had my son the majority of the time ( because of the mother choices), and was able to prove the mother's statement of having our son half the time was false along with many other false statements. Also they are honest with you from the beginning in terms of letting you know whether or not your case has enough substance to move forward to a court proceeding and even if its not they will advise you in the consultation what steps you will need to take. They will not waste your or their time. Highly recommend this law firm for divorce and custody battles.

M.D.
“I could not have asked for better!”
Mr. Arnel and his daughter Ms. Lauren Arnel litigated my divorce jurisdiction dispute with complete success. I felt very confident in their advocacy of my case. Mr. Arnel is a gifted attorney; I could not have asked for better. He is highly persuasive, professional, doesn't mince words, yet gracious and gentlemanly at the same time. He inspires confidence, and the outcome proved my confidence in him was well placed.

Rachel A.
“So Attentive and Knowledgeable.”
I was extremely devastated when I reached out to the law office due to concern over a potential custody battle. I left a message and was contacted the same day and time that I was given. Curt was so attentive and knowledgeable. All of the questions I had were answered. I left the phone call feeling 100 times better than I did when I originally called. Even after asking a bunch of questions knowing that I wouldn't need his services he continued to answer questions with honest answers making it very clear how efficient he was in his field. I am very happy that I found him and honestly hope I won't have to use him in the future. However if the services are needed I would definitely pick him!

Former Client
“Open and Honest.”
If you are looking for a attorney that's very knowledgeable in his practice definitely speak with Curt Ariel. He's open and honest. Mr. Ariel answered all of my questions and I feel better about moving forward with my case.

S.D.
“Knowledgeable, Expertise, Perseverance, and understanding.”
I highly recommend and respect Mr. Curt Arnel for all of his hard work and dedication to my custody case in the past. Mr. Arnel's knowledge, expertise, perseverance, and understanding helped my father to win our case which was NOT a walk in the park. I am forever grateful for everything Mr. Arnel has done for my father and I. Because of Mr. Arnel, I was given a chance to have a great life with my father who was loving, devoted, and did everything in his power to protect and educate me and provide the best life possible. Mr. Arnel saved me from a very unfortunate situation with my mother at a very young age. Due to his amazing work ethic and determination years ago, I am a successful woman and mother today! If you are looking for an attorney who will do everything in their POWER to FIGHT for you, TRUSTWORTHY, and devote their undivided attention to you and your case, look no further....Mr. Curt Arnel will show up and show out for YOU!

M.C.
“Thank you, Mr. Arnel, for all you do and for treating me like family.”
Curt Arnel is an ethical attorney with extensive legal knowledge and compassion for his clients. Mr. Arnel will relentlessly fight to win your case, and I highly recommend him. He handled my divorce and did an excellent job throughout the process. He looks out for the interests of his client and provides encouragement and support in a very stressful process. Thank you, Mr. Arnel, for all you do and for treating me like family. I would highly recommend Mr. Arnel.

L.M.
“If you or someone you know needs a family lawyer call Curt Arnel.”
If I could give 10 stars I would. If you find yourself in the unfortunate position where you need to speak to an attorney to resolve any issues concerning your family, Curt Arnel and his team should be your only call. This is a long post. I called Mr. Arnel's office expecting to speak to a receptionist, I was wrong. Mr. Arnel answered the phone and we had a 45-minute conversation about our issue. He was so generous with his time. He answered every question I had and even brought up a few points I didn't even think of. I was blown away at how casual the conversation was. It was like I was speaking with an old friend. I never felt rushed. He explained to me how he had just resolved a similar matter and explained the whole process including numerous options to resolve the matter. My wife and I took his advice and are so thankful we did. If you or someone you know needs a family lawyer call Curt Arnel. You'll be glad you did. We are.

B.P.

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Facing a challenging divorce or family law matter in Brooklyn? Trust Arnel Law Firm's 35+ years of experience to guide you through every step.

Our dedicated team, led by attorney and CPA Curt Arnel, offers personalized solutions to protect your assets and future. Schedule your free consultation today by calling (718) 550-3024