What are grounds for annulment in New York?

The grounds for annulment in New York fall into two different categories, those for marriages that never really were valid in the first place (a void marriage) and those marriages that can be voidable if certain conditions are present. In either situation, it is important to understand that the requirements for evidence in an annulment are stricter than those in a divorce.

• In New York, if you do get your marriage annulled, any children that were born as a result are considered legitimate. The courts can order child custody, visitation and support regardless of an annulment.
• The recording of the original marriage in the public record is not removed after annulment, although the annulment is also recorded.

Grounds for Finding a Marriage Void

Marriages that are eligible for annulment and should be considered as though they were never valid are:

• Those marriages with incestuous relationships. New York has no provision for legitimizing incestuous marriages, however if your marriage is between relatives and it was valid in the place where it was performed, New York may recognize the marriage as valid if the familial relationship between the parties is not too close.
• Marriages where it is discovered the former spouse is still alive, and the "former" marriage was never truly dissolved. New York law has no provisions for recognizing bigamous marriages under any circumstances.
• The person conducting the marriage ceremony is not listed as authorized under New York State Domestic Relations Law 11. This would include clergymen, mayors, city magistrate, police magistrate, and many different judges. The rules are different depending on the population where you live, so if you have any questions check with an attorney.

Voidable Marriages

Marriages can be annulled if:

• One of the parties is under 18 without written parental consent, or under 16 without prior agreement from a judge. No one under 14 is allowed to marry in New York.
• One of the parties is incapable of understanding their decision to marry because of mental retardation, or mental illness.
• One of the parties has a incurable medical condition which renders them incapable of sexual relations.
• There was fraud or duress involved in the decision to marry.
• One spouse suffers from an incurable mental illness that has lasted five or more years.

Get Legal Help

Dissolving a marriage, whether by annulment or divorce is complicated and technical. Hire an attorney who is familiar with New York law and the options that may be available to you in order to get the best representation and results.