What are the time limits for an annulment in New York?

Obtaining an annulment in New York requires certain circumstances to be present.  An annulment is based upon the fact that a legal marriage never existed in the first place.  The person seeking the annulment must set forth a legally recognized reason or grounds for filing an annulment. 

Legally recognized reasons for annulments include the following:

• Marrying someone who was already married
• One of the spouses has an incurable mental illness
• One or both parties were underage at the time that the marriage took place
• Fraud
• Forced marriages
• A lack of mental capacity to form valid consent for marriage by one or both parties

The time limits for filing an annulment depends on which circumstance applies above:

• Marriages involving people already married, with mentally handicapped individuals, fraud, or duress can be dissolved until one of the parties dies.
• Marriages involving people who are underage can be dissolved until that underage person reaches the age of majority if he/she continues to willingly live in the same home.
• Marriages involving people with incurable mental illnesses can be dissolved up to 5 years after the initial diagnosis of the illness is made.

The plaintiff will file a complaint for annulment with the clerk of court in his/her county.  The other party will be served by the Sheriff’s department.  The defendant has 30 days to file a response to the complaint.  Either party can request a trial by jury or a trial decided by a judge if the two parties can’t come to an accepted agreement. 

Talk to an annulment attorney for a case review and for obtaining your legal options regarding your case under annulment laws.