New York City Annulment Attorney

Seeking to Annul Your Marriage? Contact Our Firm Today.

If you have been married, and you realize that the marriage was a mistake based on certain facts that were not necessarily true, then you may be able to obtain an annulment rather than a divorce. An annulment essentially declares the marriage null and void, while a divorce dissolves the marriage entirely. At Eiges & Orgel, PLLC, we have helped thousands of clients achieve the results that they need; find out how we can put our three decades of experience to work for you.

There are two basic categories for annulment in New York:

1. Void marriages
2. Voidable marriages

Void Marriages

A void marriage is one that is not legal and is therefore automatically void. Technically, a legitimate annulment is not required for these situations. An incestuous marriage is automatically void and is described in New York DRL §5 as an ancestor and descendant, a brother and sister of either full or half blood, an uncle and a niece or an aunt and a nephew. Another void marriage is one where a previously thought deceased spouse is found to be living under New York DRL §6. Finally, a void marriage is one which is solemnized by an individual who is not authorized under New York DRL §11.

Voidable Marriages

There are a number of voidable marriages according to New York DRL §7 and it is important that you have legal assistance in pursuing annulment of marriage under any of the following grounds:

• Under age of consent – If the parties are under 18, then the signature and consent of either parent of the parties is required. If the parties are under the age of 14, then the parties cannot legally be married.
• Incapable of consent – Mental illness may render a person incapable of understanding the marriage commitment.
• Impotency – The inability to consummate the marriage due to an incurable condition aside from mere sterility.
• Duress, force, or fraud – A marriage must be entered into of the parties' own free will, and under no false pretenses.
• Incurable mental illness – A condition causing mental illness for five years or more will warrant an annulment.

How Long Do I Have to Annul My Marriage?

The state of New York is unique in that the grounds for an annulment are most commonly "fraud." Fraud means that a spouse is claiming some sort of deception on the part of the other spouse. Void marriages in New York can happen by way of: the relationship being found to be incestuous, the former spouse found to still be living, one or both individuals found to be under age and without consent, and a few other factors. Because the marriage is not technically “valid,” there is no time limit for obtaining an annulment in New York – no amount of time will ever validate the marriage.