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New York Matrimonial Actions Statutes of Limitations

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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
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