In a recent article titled “How Important Is It to Consummate a Marriage?”, New York family law attorney Ryan Besinque (https://www.besinquelaw.com/how-important-is-it-to-consummate-a-marriage/) provides clarity on a misunderstood aspect of marital law: whether a lack of consummation can be grounds for annulment in the state of New York. Addressing a topic that often causes confusion, the article outlines the legal standards and limitations surrounding annulment and the role of physical relations within a marriage.
Ryan Besinque, a New York family law attorney with The Law Office of Ryan Besinque, explains that in New York, not consummating a marriage does not automatically qualify a marriage for annulment. Despite common assumptions, the law requires very specific criteria to be met before such an annulment may be granted. A New York family law attorney would need to prove that one spouse has a physical incapacity that prevents sexual relations and that the other spouse was unaware of this condition at the time of the marriage.
For those navigating emotionally charged family issues, understanding what constitutes legal grounds for annulment is crucial. Ryan Besinque points out that annulments are not granted lightly and that simply deciding not to consummate a marriage does not meet the threshold. “A marital partner may only seek an annulment based on specific criteria,” Besinque writes, underscoring that annulment based on non-consummation requires a physical incapacity that is both incurable and undisclosed before marriage.
A key factor the New York family law attorney highlights is that annulments differ significantly from divorces. While a divorce ends a legally valid marriage, an annulment declares that the marriage was invalid from the start. This distinction carries legal implications. For example, an annulled marriage is considered to have never legally existed, affecting matters like marital status and property rights.
According to Ryan Besinque, annulments based on non-consummation fall under New York Domestic Relations Law Section 140(d). To proceed with this type of annulment, the spouse must provide compelling evidence, which can include medical records, sworn affidavits, and sometimes witness testimony. The burden of proof lies with the person initiating the annulment request, making legal representation critical to building a credible case.
The article also outlines the legal definition of consummation in New York law. It refers to the act of engaging in sexual relations after marriage. Although not a legal requirement for the marriage to be valid, the concept becomes important in annulment cases where physical incapacity is alleged. Ryan Besinque notes that while consummation is often viewed as a personal milestone between spouses, its occurrence, or lack thereof, can carry legal weight when grounds for annulment are being considered.
Another important distinction made by Ryan Besinque in the article is between impotence and infertility. Only impotence, or the inability to perform sexual intercourse, is considered relevant for annulment. Infertility, or the inability to conceive a child, is not regarded as grounds for declaring a marriage invalid. Besinque makes it clear that “the law focuses solely on the physical act of consummation, not the ability to procreate”.
The legal process for annulment can also include implications for issues like child custody, support, and property division. Even though an annulment renders the marriage void, obligations toward children and the division of assets may still apply. Courts in New York may intervene in custody and support matters just as they would in a divorce.
While individuals can technically file for an annulment without legal assistance, Ryan Besinque emphasizes the importance of experienced legal support in these situations. The procedural requirements and the need for documented evidence make it advisable to consult a New York family law attorney. Besinque indicates that “consulting with a family law attorney can help navigate these delicate situations effectively”.
Legal time limits are another point of concern. An annulment based on physical incapacity must be initiated within five years of the marriage date. Failure to act within this timeframe may eliminate annulment as an option, leaving divorce as the only legal recourse.
Understanding these distinctions is essential for anyone considering an annulment due to non-consummation. The article by Ryan Besinque delivers clear, factual information intended to help individuals assess their legal standing and make informed decisions about their marital future.
For those confronting challenging family decisions, Ryan Besinque provides grounded legal insights that help define a path forward. Whether seeking annulment or exploring other legal options, discussing the matter with a knowledgeable New York family law attorney can help clarify next steps and protect legal rights.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a New York-based legal practice that offers guidance in matters of family law, including annulment, divorce, and child custody. The firm is committed to helping individuals and families navigate sensitive legal issues with clarity and integrity. Ryan Besinque applies his knowledge to assist clients in understanding their rights and available legal options.
Email: ryan@besinquelaw.com
Media Contact
Name
The Law Office of Ryan Besinque
Contact name
Ryan Besinque
Contact phone
(929) 251-4477
Contact address
115 W 25th St 4th floor
City
New York
State
New York
Zip
10001
Country
United States
Url
https://www.besinquelaw.com/
