New York Annulment Laws

Code Section
Dom. Rel. §5-7, 24, 140

Grounds
Undissolved previous marriage; underage; incurable mental illness (for period of 5 yrs. or more); physical incapacity; consent by force, duress or fraud; incapable of consent for want of understanding

Limitations
Undissolved: Anytime during lifetime of parties; Underage: Until legal age of consent and cohabitation; Mental: Anytime during which illness continues, unless freely cohabits after restored to sound mind; Physical incapacity: Within 5 yrs. of marriage if unknown at marriage; Force, duress, fraud: Within civil statute of limitations unless voluntary cohabitation after discovery

Legitimacy of Children
Children of annulled or void marriages are legitimate

Prohibited Marriages
Children of annulled or void marriages are legitimate


Inside New York Annulment Laws