How to Get an Annulment in New York

An annulment (or nullity) is a court ruling that a marriage is legally invalid. Unlike a divorce, which ends a valid marriage, an annulment declares that the marriage was never legally sound in the first place. But New York judges can grant annulments for specific legal reasons (called "grounds"), such as bigamy, fraud, and mental incapacity.

Here's an overview of how civil annulments work in New York. Religious annulments, granted by a church or clergy, have no legal effect on marital status.

What Are the Grounds for an Annulment in New York?

There are two kinds of invalid marriages in New York: void marriages and voidable marriages.

What Are Void Marriages in New York?

In New York, a void marriage is automatically invalid from the start, including marriages involving:

• bigamy (one spouse was already married to someone else at the time of the marriage), and
• incest (the spouses are closely related by blood).

(N.Y. Dom. Rel. Law §§ 5, 6, 7, 140(a) (2026).)

What Are Voidable Marriages in New York?

Under New York law, a voidable marriage is treated as valid until a judge annuls it. The grounds for a voidable marriage in New York include:

• age (one or both spouses were younger than 18 at the time of the marriage)
• mental incapacity (one spouse had a developmental disability or mental illness that prevented valid consent to the marriage)
• physical incapacity (one spouse was physically unable to consummate the marriage and the condition can't be cured)
• force, duress, or fraud (one spouse was tricked or coerced into the marriage), and
• incurable mental illness (one spouse has been incurably mentally ill for five or more years).

(N.Y. Dom. Rel. Law §§ 7, 140(a) (2026).)

New York Annulment Deadlines: How Long Do I Have to File?

For void marriages (bigamy and incest), there is no filing deadline. Void marriages never legally existed in the first place, so either party (or the former spouse in a bigamous marriage) can seek an annulment at any time during the lifetime of both spouses.

For voidable marriages, filing deadlines vary by ground. Some annulments must be filed within a set time period—five years for physical incapacity and six years for fraud. Others, like mental incapacity, incurable mental illness, force, or duress, can theoretically be filed at any time. But timing still matters. If you continue living with your spouse after learning of the grounds for an annulment, a judge may find that you've waived the right to annulment through cohabitation.

If the ground for the annulment is an underage spouse, the right to annul is waived if both spouses voluntarily continue to live together after both have reached 18.

(N.Y. Dom. Rel. Law §§140, 213 (2026).)

Who Can File for an Annulment in New York?

Under New York law, eligibility to file for an annulment depends on the grounds for the annulment. In most cases, the spouse who was wronged or harmed can file. For example, only the spouse who was coerced into consenting to the marriage can file on the grounds of force.

If one spouse lacks the physical capacity to consummate the marriage, the other spouse can file for an annulment as the injured party. The spouse with the physical incapacity can also file, but only if they were unaware of the incapacity at the time of the marriage and the incapacity can't be cured.

Some grounds allow a wider circle of people to file. For example, if one spouse is underage at the time of the marriage, the underage spouse can file, or their parents or legal guardians. Similarly, if one spouse lacked the capacity to consent to the marriage, the incapacitated spouse can file when they recover, or their relative who has an interest to avoid the marriage can file. The spouse of someone who lacked the capacity to consent to marriage can also file for annulment, but only if they didn't know of the mental incapacity at the time of the marriage. For incurable mental illness lasting five or more years, either party to the marriage or someone acting on their behalf can file.

In bigamy cases, either spouse in the new marriage can file, and so can the former spouse. For fraud grounds, the deceived spouse can file, and so can their parent, guardian, or relative.

Keep in mind that if the spouses continue to live together as a married couple after learning about the grounds for the annulment, such as fraud, force, or mental illness, a judge will typically deny the annulment. This is sometimes called "ratification by cohabitation." But even if you waive your right to annulment through ratification, you can still get a divorce.

Learn more about the difference between divorce and annulment.

(N.Y. Dom. Rel. Law §§140 (2026).)

What Happens After a New York Annulment to Property and Children?

Even though an annulment treats the marriage as invalid, New York courts can still divide marital property through equitable distribution when a marriage is annulled. This means a judge can divide assets acquired during the marriage and award alimony based on the same factors used in New York divorce proceedings.

An annulment doesn't change parents' obligations to their children. Either parent can ask a judge to make child custody, visitation, and child support, just as they would if they were getting a divorce.

(N.Y. Dom. Rel. Law §§ 24, 236 (2026).)

How Do I Get an Annulment in New York?

The process for getting an annulment in New York is somewhat similar to filing for divorce, but there are key differences. Unlike divorce, an annulment always requires an in-person hearing, meaning you have to appear in front of a judge even if you and your spouse agree that the marriage should be annulled.

You'll have to file a Summons and Verified Complaint in the Supreme Court for the county where either spouse lives. New York state doesn't publish a standardized annulment form the way it does for divorce forms, so you'll need to prepare your own paperwork. Your local court clerk's office might have a sample petition you can review, or a local divorce attorney can handle it for you and advocate for you in court.