Annulment In New York 2025 Guide

Annulment is a method of ending a marriage that does not dissolve the union but instead declares it was never legally valid to begin with. The marriage is declared null and void. You are not divorced from your spouse; instead, the court essentially declares that you never had a valid marriage at all.

What Is Annulment?

In New York, Chapter 14, Article 9 of the Domestic Relations Code defines circumstances in which an action can be brought to annul a marriage.

As New York Consolidated Laws, Domestic Relations Law Section 7 explains, the court can annul certain marriages if they are voidable. A voidable marriage will be declared invalid upon a request from one of the spouses, but the marriage is not automatically void absent legal action.

Under New York’s domestic relations laws, certain other marriages are void, not voidable. That means the marriage was never valid and cannot ever be valid, regardless of the wishes of the parties.

New York Consolidated Laws, Domestic Relations Law Section 6 explains that a marriage is void if it is bigamous, while Section 5 makes clear that a marriage is void if it is incestuous.

When the court declares a void or voidable marriage invalid, that is an annulment.

It is important to understand that a legal annulment is different from a religious annulment. Your religion may have its own annulment process, and that is completely separate from a legal annulment.

Legal Grounds for Annulment in New York

In New York, a marriage is void if:

• It is incestuous. New York Consolidated Laws, Domestic Relations Law Section 5 defines an incestuous marriage as one between an ancestor and descendent, between a brother and sister or between an uncle and niece or aunt and nephew.
• It is a bigamous marriage. New York Consolidated Laws, Domestic Relations Law Section 6 says a marriage is “absolutely void” if someone who enters into the marriage already has a living husband or wife and that original marriage hasn’t been annulled or dissolved.

A marriage is voidable under New York Consolidated Laws, Domestic Relations Law Section 7 if:

• Either party was under the legal age of consent (age 18) at the time of the marriage.
• Either party was incapable of consenting to a marriage because they could not understand the implications.
• Either party was not capable of entering into the married state as a result of physical causes.
• Either party entered into the marriage only because of force, duress or fraud.
• Either party has been incurably mentally ill for at least five years.

Your marriage must be void or voidable on the basis of one of these grounds in order for it to be annulled.

Not wanting to be married anymore, irreconcilable differences or other problems in the marriage are not grounds for annulment. If one of the above grounds does not apply to your marriage and you wish to end it, you will need to get a divorce.

Distinction Between Annulment and Divorce in New York

Annulment and divorce are very different.

Virtually anyone can get divorced in New York. You simply must comply with New York divorce laws related to residency and choose from a variety of grounds for divorce including abandonment, adultery, separation, imprisonment, irretrievable breakdown of the marriage and cruel and inhumane treatment.

Divorce does not mean your marriage was never valid. Under the law, you’re still classified as having been married in the past. Divorce also requires settling many more potential issues. For example, you may have to deal with issues such as alimony and property division in a divorce case but not during annulment proceedings.

It’s important to know how to get an annulment if you’re considering ending your marriage this way.

Eligibility to request an annulment depends on the grounds for declaring the marriage invalid. New York Domestic Relations Code Section 140 explains when someone can bring an action to get a judgment declaring a marriage null and void.

Eligibility Criteria for a New York Annulment

According to New York Domestic Relations Code Section 140, here are the various grounds creating eligibility for annulment.

• Bigamy. Either party in a bigamous marriage can request an annulment.
• Under the age of consent. When the annulment is based on one party being under the age of consent, the annulment can be requested only by the underaged person or by their parent, guardian or close relative. The spouse who married while of legal age can’t request annulment.You also cannot request annulment on this basis if you were underage when you wed but freely continued living as married after you came of age.
• Inability to consent due to mental illness or developmental impairment. The relative of the mentally disabled individual can request an annulment, as can the disabled person if they’re restored to sound mind and don’t live as a married couple after that. The person who married the disabled individual can also request an annulment if they were unaware of the illness or impairment when they married.
• Physical incapacity. If grounds for the annulment are because one party was physically incapable of entering into the married state, the person who isn’t incapable can request an annulment. The person who is incapable can also request annulment if they didn’t know they were incapable or didn’t know their condition was incurable.
• Consent by force, duress or fraud. The person who married as a result of force, duress or fraud can petition to annul a marriage as long as the couple did not voluntarily live as married after the fraud was uncovered.
• Incurable mental illness. Either party can request an annulment in this situation.

Types of Marriages Qualifying for Annulment in New York

The types of marriages that qualify for annulment in New York include:

• bigamous marriages
• incestuous marriages
• marriages entered into by someone too young to give consent
• marriages entered into as a result of force, duress or fraud
• marriages in which one party is mentally ill
• marriage in which one party is incapable of entering into the married state

Time Limits for Filing an Annulment Petition in New York

There are time limits for requesting an annulment in New York. The deadlines vary depending on the reason for the annulment. Here are the deadlines for different grounds.

• Bigamy. An annulment can be sought at any time during the life of either party.
• Under the age of consent. The annulment must be filed while the person is still underage, but not after that individual comes of age and continues to freely live as married.
• Developmental or mental illness. An annulment can be requested during the lifetime of either spouse if the action is brought by a relative of the disabled person. If the spouse was mentally ill when they married, they can annul the marriage when they’re restored to sound mind as long as they didn’t freely live as married after the mental illness was resolved. The spouse married to the afflicted person can request annulment at any time during the duration of the illness as long as they didn’t know about the issue before marriage.
• Physical incapacity. The annulment must be filed for while the incapacity persists but within five years of the date of the marriage.
• Consent by force, fraud or duress. An annulment can be filed for any time during the life of either party.

It is important to take action within the deadline to ensure that the marriage can be annulled.

If you want to get your marriage annulled in New York, there are certain steps you’ll need to take. Here’s what you need to do.

Initiating the Annulment Process

The first step is to file a petition for annulment.

You can find court forms online, and there are services that may be able to help you obtain paperwork. However, it’s often best to get personalized legal help during this process. Your lawyer can ensure you complete the proper forms correctly to help avoid delays in your case.

Required Documentation

You must provide proof of the grounds for annulment, so you should begin gathering documentation. This can include, for example, evidence of your spouse’s other marriage or proof that you entered into the marriage as a result of fraud.

Court Filing Procedures

You must file your petition for annulment in the court in the county where either you or your spouse live and pay a filing fee. You can use the NY Court Locator to identify the correct court where you will need to submit your paperwork.

Serving Annulment Papers to Your Spouse

Your spouse must be properly notified about the annulment. This means they must be served with the court papers you have filed. You can hire a professional called a process server to serve the papers.

Your spouse has the opportunity to respond to your petition for annulment and the case will move forward.

You will have to attend an annulment hearing in order to have your marriage annulled. Here’s what you can expect to happen.

Court Appearance and Proceedings

Court proceedings focus on whether the marriage should be declared void or voidable. Unlike divorce proceedings where you might be fighting over issues such as alimony, the goal of the annulment hearing is not to decide issues such as custody and division of assets but instead to decide if the marriage should be declared null and void or no longer valid.

Presenting Your Case

In annulment proceedings, you must convince the court there are grounds for annulment. Even if both you and your spouse want the marriage annulled, the court won’t do so unless there is justification to annul it under the law.

You’ll need to make the most compelling possible case for why the court should declare your marriage to be void. An experienced family law attorney can help you make a strong argument for annulment.

Decisions and Judgments

The court will review the evidence and decide whether to grant annulment. If your marriage is annulled, the court will declare it was never a valid union. You will then be treated as if you were never married. If the court does not grant your annulment but you still want the relationship to end, you’ll need to pursue a divorce.

Other Issues

If you share minor children together, those children are still considered legitimate. A separate hearing can be held to determine custody and child support.

If you still need more information, here are some additional details about annulment in New York.