New York City Annulment Attorney

60+ Years of Combined Experience in NYC Divorce & Matrimonial Law

Pursuing an annulment in New York means navigating a set of procedural and evidentiary requirements that differ significantly from divorce. There are no court-provided forms, every case requires a formal Supreme Court hearing before a judge, and the evidentiary standard is higher than most people expect: your own testimony isn’t enough, and every ground must be independently corroborated through documentary evidence, witness testimony, or other supporting materials. Our firm, Eiges & Orgel at Ballon Stoll P.C., brings over 60 years of combined attorney experience in divorce and matrimonial law to every annulment matter, helping you establish valid grounds in line with New York’s stringent requirements.

With more than 3,000 divorce and matrimonial cases handled and a focus on divorce and matrimonial law, we’re equipped to manage the full procedural complexity of a New York annulment. Attorneys Kenneth Eiges and Scott Orgel each hold a 10.0 Superb Avvo rating. We offer in-office, phone, and virtual appointments at multiple locations in New York, Brooklyn, and Briarwood.

Annulment vs. Divorce in New York

If you’ve discovered that your marriage was built on false premises, you may have grounds for an annulment rather than a divorce. The distinction matters. A divorce dissolves a valid marriage; an annulment declares the marriage null and void, treating it as though it never legally existed. Fraud, for example, does not qualify as grounds for divorce under New York law, but it does qualify as grounds for annulment, making annulment the only viable civil remedy in certain situations. Annulments can also affect property rights, future legal proceedings, and child custody arrangements in ways that differ from divorce. At Eiges & Orgel at Ballon Stoll P.C., we’ve helped thousands of clients pursue their goals in divorce and matrimonial matters. Find out how we can put our 60 years of combined experience to work for you.

Call Eiges & Orgel at Ballon Stoll P.C. today at (347) 848-1850 or contact us online to schedule a meeting with our annulment attorney in New York City!

What Is an Annulment?

An annulment is a legal procedure that declares a marriage null and void as if it never existed. Unlike a divorce, which ends a valid marriage, an annulment erases the legal record of the marriage entirely. New York law recognizes two broad categories of invalid marriages: void marriages and voidable marriages. A void marriage is invalid from its inception and doesn’t require a court order to render it void, though a judgment of nullity provides legally necessary proof. A voidable marriage is legally valid until a court declares it invalid through a formal annulment proceeding under DRL Section 7. This distinction determines who may file, under what timeline, and what procedural path applies.

Legal Grounds for Annulment in NYC

New York law divides annulment grounds into two categories: void marriages, which are invalid from their inception, and voidable marriages, which remain legally valid until a court declares otherwise.

Automatically Void Marriages

A void marriage has no legal standing and is invalid from the start. Technically, no court order is required to render it void, though a formal judgment of nullity is often necessary as legal proof. Void marriages under New York law include incestuous marriages as defined under DRL §5 (ancestors and descendants, siblings of full or half-blood, uncles and nieces, or aunts and nephews), bigamous marriages where a former spouse is still living under DRL §6, and marriages solemnized by a person not authorized to do so under DRL §11. For void marriages, there is no filing deadline; because the marriage never legally existed, it can be challenged at any time during the lifetime of both spouses.

Voidable Marriages Under DRL §7

Voidable marriages are legally valid until a court declares them otherwise. Under New York DRL §7, recognized grounds include:

• Under the Age of Consent – Any marriage where either party is under 18 is prohibited under New York law, with no exceptions.
• Incapacity to Consent – Mental illness may render a person incapable of understanding the nature of the marriage commitment.
• Incurable Physical Incapacity – The inability to consummate the marriage due to an incurable condition; sterility alone does not qualify.
• Force, Duress, or Fraud – A marriage must be entered freely and without misrepresentation. Fraud must go to the essence of the marriage contract itself and must have been material to the decision to marry; the misrepresentation must be of a type that would have deceived an ordinarily prudent person.
• Incurable Mental Illness – A condition causing mental illness lasting five or more years. The court must appoint three qualified physicians, recognized authorities on mental disease, who must unanimously agree that the condition is incurable.

Two procedural risks apply regardless of which ground you pursue. First, your own declaration or confession alone isn’t sufficient to prove grounds; independent corroboration through documentary evidence, witness testimony, financial records, or communications is required. Second, if you discover grounds such as fraud and continue to cohabit with your spouse after that discovery, a court may find your right to annulment has been waived through ratification by cohabitation. These nuances make experienced legal guidance essential at every stage of the process.

Property, Support & Children After an Annulment

Because an annulment treats the marriage as though it never legally existed, it doesn’t automatically follow the same equitable distribution rules that govern divorce. Courts may apply equitable doctrines to address assets and debts acquired during the relationship, but outcomes vary significantly by case. Spousal maintenance claims also differ in annulment proceedings; New York law specifically addresses support obligations where a mentally ill spouse is involved, including the court’s authority to order suitable support and maintenance from the other spouse’s property or income.

Children born during a marriage that is later annulled remain fully legitimate under New York law. Custody and support obligations are enforceable and are resolved within the same annulment proceeding, applying the same standards used in divorce matters. These issues deserve attention early in the process so that interim arrangements can be addressed while the case moves through court.

A civil annulment has no effect on whether a religious institution recognizes the dissolution. Parties with concerns about remarriage within a religious tradition may need to pursue a separate process through their institution. Under DRL Section 253, parties to an annulment must address religious barriers to remarriage where applicable, consistent with the requirements that apply in divorce proceedings.

Annulment Eligibility & Requirements in New York

Every annulment in New York is a formal Supreme Court proceeding. Courts provide no simplified forms, and the process requires an appearance before a judge. Key requirements include:

• Timely filing: For voidable marriages, deadlines vary by ground. Physical incapacity claims must be filed within five years of the marriage; fraud claims are subject to the civil statute of limitations running from the date of discovery. Continuing to cohabit after discovering grounds may result in a court finding the right to annulment has been waived, even if the statutory period hasn’t expired.
• Independent corroboration: Your own testimony alone isn’t enough. Grounds must be supported by documentary evidence, witness testimony, financial records, or other independent materials.
• Residency: At least one spouse must meet New York’s residency requirements to file in New York courts.
• Formal court procedure: The process begins with purchasing an index number at the County Clerk’s Office and filing a Summons and Verified Complaint, followed by a mandatory hearing before a judge.

How Long Do I Have to Annul My Marriage?

The answer depends on whether your marriage is void or voidable. For void marriages, such as those involving bigamy or incest, there is no filing deadline. Because the marriage never had legal standing, no amount of time validates it, and a declaration of nullity can be sought at any time during both spouses’ lifetimes.

For voidable grounds, the timeline is more constrained. Fraud claims are subject to the civil statute of limitations running from the date of discovery, not the date of marriage. Delaying after discovering grounds creates two separate risks: continued cohabitation can be read by a court as waiving your right to annulment, and the evidence needed for corroboration can weaken over time. Acting promptly after discovering grounds preserves both your legal options and the evidentiary record your case depends on.

How Long Does an Annulment Take?

Every annulment requires at minimum a hearing before a judge; there is no purely paper-based process in New York. The timeline varies based on the complexity of the grounds, whether the other party contests the proceeding, and court scheduling. Uncontested matters where both parties cooperate typically move faster; contested annulments can take a year or longer.

From filing through final hearing, the process involves multiple stages: gathering corroborating documentation, preparing and filing pleadings, scheduling, and appearing in court. We track each stage and keep you informed throughout, so you know what to expect and when.

Why New York City Clients Choose Eiges & Orgel at Ballon Stoll P.C.

Annulment proceedings in New York are handled exclusively in Supreme Court, require formal evidentiary corroboration, and involve procedural steps that set them apart from every other matrimonial matter. Having attorneys whose entire practice is built around New York marital proceedings can make a measurable difference in how a case is built and presented.

• 60+ Years of Combined Experience: Our attorneys bring decades of collective experience in divorce and matrimonial law to every case, with more than 3,000 matters handled across the full range of New York marital proceedings.
• Recognized by Independent Rating Organizations: All of our attorneys have been selected to Super Lawyers. Kenneth A. Eiges holds the AV Preeminent rating from Martindale-Hubbell for 2026, the highest possible rating from that organization. The firm also carries an A+ BBB rating and a 5/5 overall rating on Lawyers.com.
• Direct Attorney Access: Clients work directly with our attorneys. We don’t route your calls or questions through intermediaries, so communication stays clear and decisions stay informed.
• Flat-Fee Services Available: We offer flat-fee divorce services to accommodate clients from a range of financial circumstances. Contact us to discuss how this may apply to your matter.
• Flexible Consultations: In-office, phone, and virtual appointments are available at our locations in New York, Brooklyn, and Briarwood.
• Featured in the Media: Our firm has been featured on CNN and People, reflecting the breadth of recognition our practice has earned.

Call Eiges & Orgel at Ballon Stoll P.C. today at (347) 848-1850 or contact us online to schedule a meeting with our annulment attorney in New York City!

Frequently Asked Questions

What Are the Common Mistakes When Filing for an Annulment?

The most common mistake is misunderstanding what qualifies as legal grounds. Not every unhappy marriage meets the threshold for annulment. Grounds such as bigamy, incest, mental incapacity, and fraud must be convincingly demonstrated with thorough documentation. Neglecting residency requirements is another frequent issue, as at least one spouse must have lived in New York for a specified period. Delays also create problems: waiting after discovering grounds can weaken available evidence and, if cohabitation continues, may result in a court finding the right to annulment has been waived. At Eiges & Orgel at Ballon Stoll P.C., we guide you through each step to help make sure your filing is complete, timely, and properly supported.

Can Children Be Affected by a Marriage Annulment?

Children born during a marriage that is later annulled remain fully legitimate under New York law, with the same rights to inheritance, support, and custody arrangements they would have in a divorce. Custody and support are resolved within the annulment proceeding using the same standards applied in divorce matters. At Eiges & Orgel at Ballon Stoll P.C., we make sure these ancillary issues, including child custody and support, receive the attention they deserve alongside the annulment itself.

How Do I Choose the Right Annulment Lawyer in NYC?

Look for an attorney with direct experience in New York matrimonial proceedings, clear communication practices, and a track record of handling cases like yours. At Eiges & Orgel at Ballon Stoll P.C., clients work directly with our attorneys rather than being routed through staff, and we develop individualized strategies rather than one-size-fits-all approaches. Our history of handling thousands of divorce and matrimonial matters across New York City makes us a strong choice for clients navigating annulment.

Does an Annulment Affect Property Division in New York?

An annulment doesn’t follow the same equitable distribution rules that govern divorce. Because the marriage is treated as though it never legally existed, the standard marital property framework doesn’t automatically apply. Courts may use equitable doctrines to address assets acquired during the relationship, but outcomes vary by case. If property division is a concern, raise it with an attorney early in the process.

Do I Need a Lawyer for an Annulment in New York?

New York courts provide no forms for annulment, and every case requires a formal hearing before a Supreme Court judge. The evidentiary standard is higher than for divorce: your own testimony alone isn’t sufficient, and grounds must be independently corroborated through documentary evidence or witness testimony. Attempting this process without representation can increase the risk of denial. An experienced New York City annulment attorney can help you gather the corroborating evidence required and navigate each procedural step correctly.