Frequently Asked Questions: Annulment
How can I obtain an annulment?
An action for annulment or to declare the nullity of a void marriage is commenced the same way as an action for divorce. Please see the Divorce FAQ’s for answers to questions regarding litigation procedure.
What are the grounds for annulment in New York?
A common misconception is that a marriage can be annulled simply because it was of very short duration. This is not the case. As in divorce, New York law requires that you have one or more specific grounds to obtain an annulment. The available grounds are:
(1) a party was still married to his/her former spouse at the time of the marriage (this is an action to declare the nullity of a void marriage)
(2) one or both parties had not attained the legal age of consent to marry
(3) a party was a mentally retarded person or mentally ill person
(4) a party was physically incapable of getting married
(5) the consent to marry was obtained by force, duress, or fraud
(6) a party has been incurably mentally ill for five or more years