When a couple is no longer married, they can either file a divorce or ask the court to declare their marriage void.
The former puts an end to a legally valid marital relationship and essentially gives each spouse their own separate property and assets.
A divorce may also be void if it was filed too early – before the marriage had lasted a year. In that case, the divorce would be null and void and any subsequent marriages would also be invalid.
Invalidity of the marriage
In a divorce, the couple is legally separated from each other. However, there are many reasons why couples decide to end their marriages.
For instance, some people may feel that they were deceived into a marriage. They may also be dissatisfied with their relationship, or find out about something about their spouse after marriage that makes them want to leave the union.
If you believe that your marriage was not valid, you can ask the court to declare it null and void. This is commonly called an annulment, and it can help you move forward with less stress than a divorce would have been.
There are a few ways to make your marriage invalid, including if the parties were underage when they got married or if one of them was mentally incapacitated. You can also get an annulment if you were misled into the marriage by fraud or duress.
Invalidity of the divorce
If you are thinking about divorce, it is important to know that the courts will only grant a divorce if the marriage has been valid from the start. This is because a marital relationship is the basis for spousal maintenance and property division.
In order to obtain a divorce, a party must prove that they had irreconcilable differences for the duration of the marriage. A marriage can also be declared invalid if certain conditions are met, such as if one or both parties committed adultery or committed any other act that would make the marriage invalid.
The most common grounds for divorce include infidelity, which includes sexual withholding. Infidelity can have a large impact on child custody and visitation rights, as well as financial issues.
Another common ground for divorce is the spouse’s addiction to alcohol and/or drugs. The spouse’s addictive behavior can have a large impact on child custody, visitation, and support.
Invalidity of the custody agreement
Custody agreements are legal documents that allow parents to come to an agreement on how children will be raised. These agreements generally include a child’s physical and legal custody, holiday schedules, visitation arrangements, and more.
However, there are some situations in which a divorce custody agreement is invalid. These can include when one of the parents violates the terms, or when it is substantially unconscionable.
Depending on your circumstances, you can also file for a post-decree modification of the custody order. Often, this is a straightforward process and saves a lot of time down the road.
If your ex violates the terms of your custody agreement, you may be able to file for divorce contempt of court. In this case, the court can hold your ex in contempt and impose fines or other penalties to encourage compliance.
Invalidity of the child support agreement
One of the most important aspects of a divorce is how child support will be paid. This award is based on a mathematical formula that considers the income of both parties.
Once this calculation is made, the judge can vary it by up to five percent to make sure that the support is fair and equitable. Similarly, the court can also modify it if circumstances change.
When it comes to child support, understanding how it works can help you fight for your rights and for your children’s best interests.
If you have questions about this topic, do not hesitate to contact an experienced family law attorney. We will guide you through all of the details and help ensure that your case is handled properly. Call us today and set up a time to discuss your unique situation with an attorney who understands the intricacies of New York family law. It is our mission to keep your child’s best interests first and foremost throughout your legal journey.