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New York Matrimonial Actions Statutes of Limitations

By Law Offices of Joel R. Brandes, P.C.

Published: July 17, 2004

Nature of Action	Statute of Limitations
Annulment based on Fraud:	3 yrs. after discovery
Annulment based on Physical Incapacity:	within 5 yrs. of marriage
Annulment based on Non-Age:	6 years
Annulment based on force or Duress:	6 years
Annulment based on Retardation or Mental Illness:	6 years
Declaration of Nullity of Void Marriage based on Bigamy:	any time during the lifetime of the parties
Declaration of Nullity of Void Marriage based on Incest:	any time during the lifetime of the parties
Divorce based on Cruel & Inhuman Treatment:	5 years
Divorce based on Adultery:	5 years from discovery
Divorce based on Abandonment:	None
Divorce based on Imprisonment:	5 years
Separation based on Cruel & Inhuman Treatment:	5 years
Separation based on Adultery:	5 years after discovery
Separation based on Abandonment:	None
Separation based on Imprisonment:	5 years
Separation based on Non-Support:	None