Does New York have a procedure for filing to have a marriage declared null and void?

Most people, when they wish to end their marital union, get a divorce. However, a divorce does not render a marriage null and void. Instead it recognizes that there was a legal marriage that is now ending. Rendering a marriage null and void essentially means that the court is ruling that it is as if the marriage never existed at all. There are certain situations that do allow for the NYS filing of null and void marriage. When a marriage is declared null and void, it is done through a process called an annulment. This is a legal annulment, which is different and separate from a religious annulment that might be granted through the Catholic church or other religious institution, and there are specific legal grounds for when an annulment is possible. 

Annulment rules in New York divide the grounds for annulment into two separate categories: categories that make a marriage automatically void and categories that make a marriage voidable. When a marriage is automatically void, that means it is not considered legal even if the parties want it to be. When the marriage is voidable, the marriage can be annulled if the parties request it, but it will not necessarily be annoyed. 

Grounds that make a marriage void include:

• One of the parties was married during the new marriage
• The marriage was incestuous

Grounds that make a marriage voidable include:

• One of the parties to the marriage was underage at the time of the marriage
• One of the parties to the marriage was not capable of consenting to the marriage because of mental incapacity or some other condition that rendered him unable to understand
• One of the parties was coerced or defrauded into entering the marriage

There may also be additional reasons to render a marriage void or voidable. If you are interested in having your marriage declared void, you should consult with a lawyer for advice.