Annulment is a legal process that declares a marriage null and void, as if it never existed. While divorce ends a valid marriage, annulment essentially erases it from the records. In New York State, annulment is a viable option for individuals whose marriages meet specific criteria. This post aims to provide a clear understanding of annulment laws in New York State, eligibility requirements, and the legal process involved.

Understanding Annulment in New York State

In New York, annulment is governed by specific laws and criteria. Unlike divorce, which dissolves a valid marriage, annulment renders a marriage void from its inception. However, annulment is not granted for trivial reasons; certain grounds must be established to qualify for annulment in the state of New York.

Grounds for Annulment in New York

New York State recognizes several grounds for annulment, including:

• Lack of Mental Capacity: A marriage can be annulled if either spouse was mentally ill or incapacitated at the time of the marriage, making them unable to consent, as long as both spouses are still alive.

• Too Young to Provide Consent: A marriage involving anyone under 18 requires the written consent of both parents, and those under 16 also need a judge’s approval. If these conditions are not met, the marriage can be annulled by the underage spouse or their parents or guardians while the spouse is still under 18. Once the spouses reach 18, they are no longer eligible for an annulment.
• Consent Obtained by Force, Duress, or Fraud: If a person is coerced into marriage through force, duress, or deceived by fraud – such as marrying for a green card, falsely claiming pregnancy, or dishonestly expressing a desire for children – they may be eligible for an annulment., 
• Bigamy/Polygamy: ​​If you or your spouse were legally married to another living person at the time of your marriage, this constitutes bigamy or polygamy and can be grounds for annulment.

Incest: If you and your spouse are biologically related – such as parent-child or grandparent-grandchild; siblings (including full or half-siblings); or uncle and niece or aunt and nephew – your marriage qualifies as incestuous and can be annulled.

• Non-Consummation: If the marriage has not been consummated, it may be grounds for annulment.
• Incurable Mental Illness: If one spouse has an incurable mental illness for a period of five years or more, it may be grounds for annulment.
• Incurable Physical Incapacity: If one spouse is physically incapable of engaging in sexual relations and the other party was not aware of this incapacity at the time of marriage, it may be grounds for annulment.

Eligibility for Annulment in New York State

To seek annulment in New York State, individuals must meet eligibility criteria, including:

• Residency: Either spouse must have been a resident of New York State for a continuous period of at least one year immediately before filing for annulment.
• Grounds: The marriage must meet one of the grounds for annulment recognized by New York State law.
• Time Limit: There is no time limit for seeking annulment based on void marriages (like incest or bigamy), but for voidable marriages (like too young to consent), you will need to make sure you’re within the permitted timeframe to file for an annulment. If not, you may have to file for divorce instead.

The Annulment Process in New York State

The process of obtaining an annulment in New York State involves several steps, including:

• Filing a Petition: The process begins with filing a petition for annulment in the appropriate court. The petition must include details of the marriage, the grounds for annulment, and any supporting evidence.
• Notification: The other spouse must be served with the petition and given an opportunity to respond.
• Court Proceedings: The court will schedule a hearing where you are required to prove the grounds for an annulment exists.
• Final Judgment: If the court finds sufficient grounds for annulment, it will issue a judgment declaring the marriage null and void.

Seeking Legal Advice

Navigating the annulment process in New York State can be complex, and it is a good idea to seek legal advice from an experienced family law attorney. An attorney can provide guidance on eligibility requirements, assist with the preparation of the petition, and represent your interests in court proceedings.

Annulment is a legal remedy available to individuals whose marriages meet specific criteria outlined by New York State law. Understanding the grounds for annulment, eligibility requirements, and the legal process involved is essential for those considering this option. By seeking legal advice and guidance, individuals can navigate the annulment process with confidence and clarity.

Seeking legal advice from an experienced attorney is a good idea for those considering annulment, as it can provide guidance and support throughout the process.