New York Annulment Law (DRL § 140): Grounds to Void a Marriage

An annulment in New York is a court ruling that a marriage was never legally valid, as opposed to a divorce, which ends a marriage that was valid. People often ask for an annulment thinking it is a quicker or cleaner exit, but New York annulments require specific grounds and real proof, and they are not available just because a marriage was short.

The difference matters, because the grounds for an annulment are narrow and the burden is on the person seeking it.

This page covers what an annulment is, the grounds for one in New York, whether it is easier than divorce, what happens to property and children, and the time limits.

What Is an Annulment, and How Is It Different From Divorce in New York?

An annulment declares that a marriage was void or voidable, while a divorce dissolves a valid marriage. A divorce says the marriage existed and is now over. An annulment, in legal terms, says that something was wrong with the marriage from the start, preventing it from being treated as valid.

That distinction drives everything else. Because an annulment challenges the validity of the marriage itself, the person seeking it must prove a specific legal ground, not merely that the relationship failed.

What Are the Grounds for an Annulment in New York (DRL § 140)?

The grounds are specific and limited. Domestic Relations Law § 140 sets out the bases for annulling a marriage, which include:

• One spouse was underage: married below the age of legal consent.
• Mental incapacity: a spouse lacked the capacity to consent because of a mental condition.
• Physical incapacity: an incurable physical inability to consummate the marriage, unknown to the other spouse.
• Consent obtained by force, duress, or fraud: a spouse was coerced or tricked into the marriage on a material point.
• Incurable mental illness for five years: a spouse has been incurably mentally ill for a period of five years or more.

Separately, some marriages are void from the outset, such as bigamous marriages, where one spouse was already married, and incestuous marriages. These do not depend on a ground being proven in the same way, because the law treats them as never valid.

Is It Easier to Get an Annulment or a Divorce in New York?

For most people, divorce is the simpler path. New York’s no-fault divorce ground requires only a sworn statement that the marriage has broken down irretrievably for six months. An annulment, by contrast, requires proving one of the specific grounds above, often with evidence and sometimes with expert testimony, for example on a mental or physical incapacity.

So while an annulment can be the right and necessary remedy when a real ground exists, such as fraud that goes to the heart of the marriage, it is usually harder to obtain than a divorce, not easier. Our NYC annulment attorneys help a client weigh which remedy actually fits the facts.

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

The court can still address support, property, and the children. An annulment does not leave a spouse or child without protection. A court handling an annulment can address maintenance and the distribution of property acquired during the relationship, and protect the rights of any children, with custody and parenting time decided in the best interests of the child and support set under the child support standards.

Children of an annulled marriage are not rendered illegitimate by the annulment. Their relationship to both parents and the obligations that come with it continue. In short, an annulment ends the marriage’s validity without erasing the financial and parental realities that built up during it.

How Long Do You Have to Seek an Annulment in New York?

It depends on the ground. Different annulment grounds have different timing rules, and some can be barred if too much time has passed or if the spouses continue living together as a couple after the issue is discovered. A fraud-based annulment, for example, generally needs to be pursued once the fraud is discovered, and continuing the marriage after learning the truth can undercut the claim.

Because the timing rules vary by ground and the facts matter, this is something to evaluate early. Our NYC divorce attorneys assess whether grounds exist and whether the timing still allows for an annulment, or whether a divorce is the better route.

How Our NYC Divorce Attorneys Handle Annulment Cases in New York

Annulment cases live or die on the ground and the proof. Our NYC divorce attorneys honestly evaluate whether the facts support a recognized ground, gather the evidence needed to prove it, and weigh an annulment against a no-fault divorce so that a client can choose the remedy that actually works. Where an annulment is the right path, we build it carefully.

We prepare these cases as if a judge will require real proof of the ground, because in an annulment, that is exactly what the law demands.

Talk to Cedeño Law Group About an Annulment in New York

An annulment is the right tool only in the right case. Cedeño Law Group helps New York spouses decide between an annulment and a divorce and prepares every case as if a judge will read the whole file. Call us to talk through your situation.

Updated 2026. This page reflects New York’s annulment grounds under Domestic Relations Law § 140 as in effect in 2026. It is general information, not legal advice.

For more laws, visit our New York Divorce and Family Laws page.