Annulment New York

Unlike a divorce, an annulment invalidates a marriage. It is as if the marriage never occurred. If the annulment is successful, the marriage becomes legally void. In order to annul your marriage, the court needs sufficient proof including actual testimony from witnesses that the marriage meets one of the following factors:

• Party under age of consent - A party to the marriage was under the age 18 at the time of the marriage and did not cohabit with the other party as husband or wife after reaching the age of majority (DRL §140 (b)).
• Party is a mentally retarded or mentally ill - A party to the marriage was unable to consent to marriage due to mental incapacity (DRL §140(c)).
• Physical incapacity - either spouse is physically unable to have sexual intercourse (DRL §140(d)).
• Consent by force, duress or fraud - A party consented to the marriage because of duress, coercion, or fraud (DRL §140(e)).
• Incurable mental illness for five years - A party has an incurable mentally illness for at least five years (DRL §140(f))(see also DRL §141).