ANNULMENTS IN NEW YORK

Annulments are usually sought for a short term marriage and when there are no children of the marriage.  However, with the ability for people to obtain a divorce based on “no fault” grounds, or Domestic Relations Law (DRL)§170(7), annulments are less sought out.  However, if you do wish to pursue an annulment, here is what you need to know.  

You cannot simply obtain an annulment even if you and your spouse agree to seek to annul your marriage. There are five grounds for annulling a marriage: (1) failure of a party to have reached the age of consent; (2) lack of understanding of our actions (generally seen when one party is mentally challenged in some fashion); (3) physical incapacity to consummate the marriage; (4) consent to marry was obtained by force, duress, or fraud; and (5) an incurable mental illness for five or more years.

Also be aware that the Appellate Division held that to obtain an annulment upon fraud, the alleged fraud must have been “material.” This has been defined to mean that if the fraud had been disclosed the deceived party would not have entered into the marriage.

 Annulments are hard to obtain, especially where the marriage was consummated.  If you are contemplating an annulment, make an appointment to see an attorney.  With no fault divorce statutes available in New York, and the stringent requirements for an annulment, you may not be able to satisfy the grounds for an annulment and may be better off seeking a divorce by “no fault” grounds.