New York Annulment Laws: Grounds, Deadlines and How to File (2026)

Yes, New York has annulment. Domestic Relations Law (DRL) section 140 provides an "action for judgment declaring nullity of void marriages or annulling voidable marriage," so the right action depends on whether your marriage was void from the start (DRL 5 and 6) or voidable (DRL 7). Each voidable ground has its own rules on who can sue, when, and what conduct ends the claim.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment and declarations of nullity under the New York Domestic Relations Law (sections 5, 6, 7, 15-a, 24, 140, 141, 143, 144, 230, 236, 237 and 240), CPLR 213(8) and the New York State Unified Court System's divorce FAQ. It does not cover religious annulment, divorce or separation procedure in depth, name changes after annulment, or other states' law.

Can you get an annulment in New York instead of a divorce?

Only if your marriage fits one of the grounds in the Domestic Relations Law. A divorce ends a valid marriage. An annulment or a declaration of nullity deals with a marriage that had a legal defect when it was made.

New York sorts those defects into two groups:

• Void marriages are invalid from the start. DRL 5 says an incestuous marriage is "void," and DRL 6 says a bigamous marriage is "absolutely void." A court action under DRL 140 declares that nullity.
• Voidable marriages stand until a court acts. DRL 7 says such a marriage "is void from the time its nullity is declared by a court of competent jurisdiction."

The New York courts' divorce FAQ puts it simply: "Annulment is defined in Domestic Relations Law 140." If none of the grounds below applies, the route out of the marriage is divorce; see New York divorce laws.

Void marriages in New York

Two grounds make a New York marriage void.

The bigamy exceptions

DRL 6 does not void every second marriage. The statute lists exceptions, including where "such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person," and where the former marriage "has been dissolved pursuant to section seven-a of this chapter."

This page does not cover DRL 7-a, so it does not describe what that exception covers. If an earlier marriage of either spouse was not clearly ended by divorce or annulment, a lawyer licensed in New York can read the full text of DRL 6 against your facts.

Grounds for annulment of a voidable marriage in New York

DRL 7 lists five grounds, and DRL 140 adds the rules on who can sue, the time limits and the defenses. The table summarizes each one.

Fraud

Fraud is the ground most people ask about. Under DRL 140(e), a fraud annulment "may be maintained by the party whose consent was so obtained within the limitations of time for enforcing a civil remedy of the civil practice law and rules."

The statute points to the Civil Practice Law and Rules (CPLR) for the deadline but does not state a number of years itself. The CPLR's limitations period for an action based upon fraud, CPLR 213(8), is the greater of six years from when the claim accrued or two years from when the fraud was discovered or could with reasonable diligence have been discovered. Ask a New York lawyer how courts apply it to an annulment.

The fraud claim is lost if the spouses "voluntarily cohabited as husband and wife with full knowledge of the facts constituting the fraud." What counts as fraud serious enough to annul a marriage is a question of case law that this article does not cover.

Force or duress

DRL 140(e) lets the party whose consent was forced bring the action "at any time." The bar is cohabitation: the marriage is not annulled on this ground if the parties voluntarily cohabited as husband and wife at any time before the action began.

Mental incapacity and mental illness

DRL 7(2) covers a party "incapable of consenting to a marriage for want of understanding." DRL 140(c) sets different rules depending on the condition.

• Developmental disability: any relative with an interest in avoiding the marriage may sue, during the lifetime of either party.
• Mental illness: the action "may be maintained at any time during the continuance of the mental illness." A relative with an interest may sue during the illness, or after the ill person's death while the other party is alive. The ill person may sue after being restored to sound mind. The other spouse may sue during the illness if they did not know of it at the time of the marriage. If no relative sues, the court may allow a next friend.

The claim fails if the parties freely cohabited as husband and wife after the person was restored to sound mind.

A separate ground, DRL 7(5), covers a spouse who "has been incurably mentally ill for a period of five years or more," and it may be brought by or on behalf of either party. Before judgment, DRL 141(2) requires an examination by three physicians appointed by the court who agree the illness is incurable. DRL 141(1) lets the court order suitable support, care and maintenance of the ill spouse for life from the other spouse's property or income, with security.

Physical incapacity

Under DRL 140(d), an action for physical incapacity "can be maintained only where an incapacity continues and is incurable, and must be commenced before five years have expired since the marriage." The injured party may sue the incapable party, and the incapable party may sue if they did not know of the incapacity at the time of the marriage, or knew of it but did not know it was incurable.

This is also the one ground with no jury right. DRL 143 gives a right to a jury trial of all fact issues in an annulment action "except where it is founded upon an allegation of the physical incapacity of one of the parties."

Underage marriage in New York

New York prohibits marriage under 18. DRL 15-a states: "Any marriage in which either party is under the age of eighteen years is hereby prohibited." The Senate's statute page shows revisions to that section dated 2017 and 2021.

A prohibited marriage is not automatically void under the statutory text cited here. DRL 7(1) lists a party "under the age of legal consent, which is eighteen years" as a voidable ground, which means the marriage stands until a court declares it a nullity. None of the sections cited here says an underage marriage is void.

Under DRL 140(b), the underage party, either parent, or the guardian of the underage party's person may bring the action, and the court may allow another person to sue as next friend. The adult spouse cannot use this ground: there is no annulment at the suit of a party who was of legal age when the marriage was made. And the underage spouse loses the ground by freely cohabiting with the other as husband and wife at any time after turning 18.

How to file for an annulment in New York

Residency. DRL 230 applies the same residency rules to annulment, nullity, divorce and separation. An action may be maintained only when one of these is true:

1. The parties married in New York, and either party is a resident when the action starts and has been for a continuous year immediately before.
2. The parties lived in New York as spouses, and either party has been a resident for a continuous year immediately before the action.
3. The cause occurred in New York, and either party has been a resident for a continuous year immediately before the action.
4. The cause occurred in New York, and both parties are New York residents.
5. Either party has been a resident for a continuous period of at least two years immediately before the action starts.

Proof. An uncontested annulment still needs evidence. Under DRL 144, "the declaration or confession of either party to the marriage is not alone sufficient as proof," and judgment cannot be entered by default or consent without proof.

Jury trial. Either side has a right to a jury on the facts, except in a physical-incapacity case (DRL 143).

Forms. The New York courts' FAQ states that "the court does not provide forms for annulment." The courts' divorce resources site is the official starting point for procedure.

Property, support and children after an annulment in New York

An annulment case can resolve the same money and parenting issues as a divorce.

• Spousal support. DRL 236, Part B applies to actions "for an annulment or dissolution of a marriage" and "for a declaration of the nullity of a void marriage" (DRL 236(B)(2)(a)), and its temporary and post-judgment maintenance provisions apply "in any matrimonial action" (DRL 236(B)(5-a) and (6)). For how support works in New York, see New York alimony laws.
• Marital property. DRL 236(B)(5)(a) directs the court, in an action where the relief granted includes "the dissolution, annulment or declaration of the nullity of a marriage," to determine the parties' rights in their separate or marital property.
• Counsel fees. DRL 237(a) lets the court direct either spouse to pay counsel fees in an annulment or nullity action, with "a rebuttable presumption that counsel fees shall be awarded to the less monied spouse."
• Custody and child support. DRL 240(1)(a) requires the court, in an action to annul a marriage or declare the nullity of a void marriage, to enter orders for custody and support. See New York child custody laws.

Children are not affected by the annulment

DRL 24(1) protects children's status. A child of the marriage "is the legitimate child of both birth parents notwithstanding that such marriage is void or voidable or has been or shall hereafter be annulled or judicially declared void."

Annulment versus divorce, and religious annulment

A divorce ends a valid marriage on the grounds in New York's divorce statute. An annulment applies only when one of the specific defects above existed, and it carries its own proof rule and, for some grounds, its own deadlines. If you are not sure whether a legal marriage ever existed, for example after living together without a ceremony, see New York common law marriage.

A church or religious annulment is a separate process from a civil court annulment. The New York courts' FAQ says: "To learn about religious annulment, you should consult the religious faith that performed the marriage."

Disclaimer: This article provides general legal information about annulment and void marriages under the New York Domestic Relations Law. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in New York, or use the New York courts' divorce resources.

Related

• Annulment laws in every state
• New York divorce laws
• New York common law marriage
• New York marriage and divorce records
• New York child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in New York?

A voidable marriage can be annulled if a party was under 18, lacked understanding to consent, was physically incapable, consented because of force, duress or fraud, or has been incurably mentally ill for five years or more (DRL 7). Incestuous and bigamous marriages are void (DRL 5, DRL 6).

How long do you have to get an annulment in New York?

It depends on the ground. A physical-incapacity action must start within five years of the marriage, a fraud action must be brought within the CPLR limitations period (for fraud actions, CPLR 213(8) sets the greater of six years from accrual or two years from discovery), and a force or duress action may be brought at any time by the coerced party (DRL 140(d), (e)).

Can I get an annulment in New York if we lived together after finding out about the fraud?

No annulment is granted for fraud if the parties voluntarily cohabited as husband and wife with full knowledge of the facts constituting the fraud (DRL 140(e)).

Do I have to live in New York to get an annulment?

Yes, one of the residence tests in DRL 230 must be met. They include either party living in New York continuously for at least two years before filing, or a continuous year in several situations tied to New York, such as the couple having married there.

Is a marriage to someone under 18 void in New York?

DRL 15-a prohibits any marriage where either party is under 18, but DRL 7(1) treats being under 18 as a voidable ground, so the marriage is void from the time a court declares its nullity. The underage party, a parent or a guardian may sue under DRL 140(b).

Are children illegitimate if a New York marriage is annulled?

No. Under DRL 24(1), a child is the legitimate child of both birth parents even if the marriage is void or voidable or has been annulled or judicially declared void.

Can I get an uncontested annulment in New York by agreement?

The other spouse's agreement is not enough on its own. DRL 144 says the declaration or confession of either party is not alone sufficient proof, so the ground must be proven even in an uncontested case.

Does the New York court have annulment forms?

No. The New York courts' divorce FAQ states that the court does not provide forms for annulment.