How Long Do You Have to Annul a Marriage in New York

If you want to find out how long do you have to annul a marriage in New York, the first step is to figure out whether your marriage is void or voidable.

Void marriages are marriages that are invalid from the beginning. There is no time limitation to request a declaration of the marriage’s nullity because it is void. The three types of void marriages are: bigamous marriages (N.Y. Dom. Rel. Law § 6), incestuous marriages (N.Y. Dom. Rel. Law § 5), and marriages where the solemnizing officer lacked authority to perform the marriage ceremony (N.Y. Dom. Rel. Law § 11; Ranieri v. Ranieri, 146 A.D.2d 34 (N.Y. App. Div. 1989)).

Voidable marriages are marriages that are invalid but can be ratified with consent. For this reason, there is a time limitation to file a proceeding to annul the voidable marriage. The five grounds to annul a voidable marriage are: (a) one or both spouses were under 18 years of age at the time of marriage; (b) one or both spouses were unable to consent to the marriage due to mental incapacity; (c) either spouse is physically unable to consummate the marriage; (d) either spouse was incurably mentally ill for at least 5 years; and (e) consent was obtained by duress, force, or coercion. N.Y. Dom. Rel. Law § 7.

Void Marriages

A bigamous marriage is a marriage where at least one of the spouses has an existing, valid marriage at the time the second, bigamous marriage was celebrated. An incestuous marriage is a marriage celebrated between the following related parties, whether legitimate or illegitimate: (a) an ancestor and a descendant; (b) a brother and sister of either the whole or the half-blood; and (c) an uncle and niece or an aunt and nephew. The third type of void marriage is a marriage performed by an unauthorized solemnizing officer.

There is no time limitation to file a proceeding to declare the nullity of a marriage because these marriages will always be void. However, the proceeding should be filed by the spouse during the lifetime of either spouse.

Voidable Marriages

Voidable marriages, on the other hand, are invalid only from the time a court annuls the marriage. A voidable marriage can be ratified when a spouse continues to cohabit freely with the other spouse after the ground ceases or is discovered.

When at least one of the spouses was under 18 years of age at the time of marriage, the proceeding to annul the marriage can be made by the underaged spouse, his/her parent or guardian, or by any person considered next friend of the underaged spouse before reaching 18 years of age. This cannot be filed by the spouse who was of age at the time the marriage was celebrated or the underaged spouse who continued to cohabit freely with the other spouse after reaching 18 years of age.

When at least one of the spouses was mentally ill or intellectually disabled at the time of marriage, that person was unable to give his or her consent to the marriage. A proceeding to annul the marriage may be filed by any relative of the mentally ill or intellectually disabled person during the lifetime of either party or after the death of the mentally ill person but during the lifetime of the other spouse. The other spouse, who was not mentally ill, can file a proceeding to annul the marriage at any time during the continuance of the mental illness, provided that spouse did not know of the mental illness at the time of marriage. If the parties freely cohabited as husband and wife after the mentally ill person was restored to a sound mind, then the proceeding to annul the marriage cannot be filed anymore.

When at least one of the parties is permanently physically unable to consummate the marriage, the injured party can file the proceeding against the alleged incapacitated party within 5 years from the time of marriage upon proof that the incapacity continues and is incurable. The incapacitated party can also file a proceeding to annul the marriage if he was unaware of the incapacity, or if aware, did not know it was incurable.

When at least one of the parties’ consent was obtained through fraud, duress, or force, the proceeding can be filed during the lifetime of the parties by the party whose consent was obtained through fraud, duress, or force, or by a parent, guardian, or relative who has an interest to avoid the marriage, provided that the statute of limitations for fraud has not lapsed or the parties did not cohabit freely as husband and wife, despite full knowledge of the facts constituting the fraud or upon cessation of the duress or force.

When one of the parties has an incurable mental illness for at least 5 years, the proceeding to annul the marriage can be maintained by any of the parties to the marriage. When figuring out how long do you have to annul a marriage in New York, this is an important deadline to consider.

Divorce vs. Annulment or Declaration of Nullity

While divorce can be contested or uncontested, an annulment or declaration of nullity always requires the presentation of evidence to prove the presence of the grounds for annulment or declaration of nullity. In an uncontested divorce case where the ground is irretrievable breakdown of the marriage for at least 6 months, no proof is required except for the consent and signature of both spouses to the divorce.

Quick reference: who can file and when

The deadlines and standing rules in New York annulment law are nuanced, and a small misstep can result in dismissal. The following summary captures the core timing rules under DRL §140:

• Bigamy, incest, unauthorized officiant (void): No statute of limitations. May be brought during the lifetime of either spouse, and in some circumstances even after the death of one spouse where property or inheritance rights are at stake.
• Under age 18: Must be filed before the underage spouse turns 18, and only by the underage spouse, a parent, guardian, or next friend. If the parties continue to cohabit freely after the underage spouse turns 18, the right to annul is lost.
• Mental incapacity at the time of marriage: May be brought during the lifetime of either party by a relative of the incapacitated spouse, or by the other spouse during the continuance of the incapacity if that spouse did not know of it. Free cohabitation after restoration of capacity bars the action.
• Physical inability to consummate: Five years from the date of marriage.
• Incurable mental illness for at least five years: May be brought after the five-year period by either party.
• Fraud, duress, or force: Generally three years for fraud (under the CPLR statute of limitations for fraud) and runs from the date the fraud was discovered or should reasonably have been discovered. Duress and force claims must likewise be brought within a reasonable time after the coercion ceases. Cohabitation after discovery of the fraud or cessation of the duress bars the action.

What counts as "fraud" sufficient to annul a marriage

Fraud is one of the most commonly asserted grounds for annulment, but New York courts apply a demanding standard. The misrepresentation must go to the essence of the marriage relationship — something so fundamental that the deceived party would not have agreed to marry had the truth been known. Examples that courts have found sufficient include:

• Concealment of an intention never to have sexual relations.
• Concealment of an inability or refusal to have children when the other spouse was led to believe children would result from the marriage.
• Pre-marital pregnancy by another person, concealed from the other spouse.
• Concealment of a serious, communicable disease.
• Marriage entered into solely to obtain immigration status, with no intent to live as a married couple, where the deceived spouse was unaware.

Disappointments that do not go to the essence of the marriage — such as a spouse turning out to be lazy, unromantic, or financially less successful than represented — are generally insufficient. Courts have repeatedly held that ordinary marital disappointment is what divorce is for, not annulment.

Practical and legal consequences of an annulment

Annulment is sometimes described as treating the marriage as if it never existed, but that is an oversimplification under New York law. The court still has authority to address certain incidents of the marriage, including:

• Children: Children born of an annulled marriage are legitimate. The court can issue custody and child support orders just as it would in a divorce.
• Property: Equitable distribution under DRL §236(B) applies to annulment actions in the same way it applies to divorce. Property acquired during the marriage is generally subject to distribution unless it qualifies as separate property.
• Maintenance: A court may award spousal maintenance in an annulment action, particularly where one spouse was the innocent party and supported the other during the marriage.
• Counsel fees: The court may award attorney's fees, again similar to a divorce.

Because of these overlapping remedies, the strategic choice between annulment and divorce often comes down to evidence, timing, and personal preference rather than a meaningful difference in financial outcome.

Religious annulment versus civil annulment

Many people who ask about annulment are actually thinking about a religious annulment — most often a Catholic declaration of nullity issued by a diocesan tribunal. A religious annulment has no effect on civil legal status. A couple may receive a Catholic annulment and still be legally married in the eyes of New York, and vice versa. If you need to end the legal marriage, you must obtain either a civil annulment or a divorce through the New York courts. A religious tribunal cannot dissolve the civil marriage.

Why most people end up filing for divorce instead

Since 2010, New York has allowed no-fault divorce on the ground of irretrievable breakdown of the marital relationship for at least six months under DRL §170(7). This ground does not require the kind of proof an annulment demands, and it does not require either spouse to admit wrongdoing. For most couples whose marriages are simply not working, no-fault divorce is faster, less expensive, and less invasive than an annulment trial. Annulment remains the right path when:

• The marriage is void on its face — bigamous, incestuous, or solemnized by someone with no authority.
• The parties never lived as spouses and one was defrauded into the marriage.
• The marriage is very short and a party prefers, for personal or religious reasons, the legal recognition that it should be treated as never having validly existed.
• An underage marriage occurred and the underage spouse promptly seeks to undo it.

When to consult a New York family law attorney

Annulment cases turn on facts that must be proven with admissible evidence — medical records, witness testimony, documentary proof of a prior undissolved marriage, immigration files, and so on. The deadlines are short, and free cohabitation after the ground is discovered can defeat the case entirely. If you are even considering an annulment, you should speak with counsel quickly so that timing rules and evidentiary issues can be evaluated before they foreclose your options.

Because of the presentation of evidence required in a declaration of nullity or proceeding to annul a marriage, an annulment is more expensive than a divorce. Deciding whether to get an annulment or divorce depends on the parties involved. If you need to separate from the other spouse you need to know how long do you have to annul a marriage in New York in your particular case, we at the Law Offices of Albert Goodwin are here for you. You can call us at at 1-212-233-1233 or email at [email protected].