{"id":375209,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-30T13:57:50","modified_gmt":"2023-01-30T18:57:50","slug":"new-york-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"New York Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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New York Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

States have their own laws<\/a> regarding civil annulments and the various types of marriages that are prohibited. States, for example, prohibit marriages between closely related family members. In New York, laws related to prohibited marriages govern the grounds for seeking a civil annulment<\/a>, the time limits for obtaining such an annulment, and the various scenarios in which a marriage would not be recognized as valid by the state. In a civil annulment, a court rules on whether a marriage is valid. If a court annuls a marriage, it effectively renders the marriage as it never existed.<\/p>\r\n

Annulment Basics<\/h2>\r\n

A civil annulment<\/a> will only be granted if a marriage was invalid in the first place. Contrary to popular belief, civil annulments are not available if the marriage has yet to be consummated, or if the marriage has only been in existence for a short period of time.<\/p>\r\n

Grounds for Civil Annulments<\/h2>\r\n

New York law has very specific grounds for civil annulments. Those are an undissolved previous marriage, one spouse was underage at the time of marriage, one spouse is physically incapable of having sexual relations, consent to marriage<\/a> by force, consent to marriage by fraud, or incapability of consent to marriage.<\/p>\r\n

Time Limit for Obtaining an Annulment<\/h2>\r\n

There is no time limit for obtaining an annulment in New York. This is because the marriage is not valid, and no amount of time passed will ever validate the marriage. However, there are a few circumstances that validate a marriage and remove the option of a civil annulment.<\/p>\r\n

If one spouse has a previous marriage, a civil annulment is always an option. If one spouse is underage at the time of marriage, the marriage may be civilly annulled only until the underage spouse is of legal age and cohabitates with the other spouse. If the marriage is invalid due to a mental illness, annulment is an option as long as the mental illness continues. The marriage is validated if the person with a mental illness freely cohabits with their spouse after they are restored to a sound mind.<\/p>\r\n

If the grounds for the civil annulment are a physical incapacity to consummate the marriage, the civil annulment is only an option within five years of the marriage, as long as the incapacity was not known at the time of marriage. If the marriage is a result of force, duress, or fraud, New York marriage law defers to the timeline allowed to sue for those civil wrongdoings<\/a>.<\/p>\r\n

Prohibited Marriages<\/h2>\r\n

New York does not allow marriages between ancestors and descendants, siblings regardless of whether they are whole or half blood, or between the siblings of ancestors and descendants. While same-sex marriage was never specifically prohibited in New York, the legislative and litigation history of the issue is extensive. In 2011, a bill was passed in New York explicitly legalizing same-sex marriage. On the federal level, same-sex marriage was also legalized in 2015. In that year, the U.S. Supreme Court heard Obergefell<\/a> v. Hodges<\/a>. <\/i>In that case, the U.S. Supreme Court legalized same-sex marriage. The Court ruled that prohibitions on same-sex marriages are a violation of the constitutional guarantee of equal protection<\/a>.<\/p>\r\n

Breakdown of Laws Related to Civil Annulments and Same-Sex Marriages<\/h2>\r\n

Below are some general highlights of these various laws, found in the New York Family Code. See Details on State Annulment and Prohibited Marriage Laws<\/a> for more information.<\/p>\r\n\r\n
Prohibited Marriages<\/td>\r\n
Time Limits for Obtaining Annulment<\/td>\r\nUnder DRL 140<\/a>, the following are grounds for a civil annulment:
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  • Where there is an undissolved previous marriage, either party to the marriage may pursue a civil annulment at any time during the lifetime of either of the parties to the marriage,<\/li>\r\n
  • Where one or both of the parties is underage, either party may pursue a civil annulment until the legal age of consent has been reached and cohabitation has occurred,<\/li>\r\n
  • In cases of mental illness, either party may pursue a civil annulment at any point during the illness, unless the parties cohabit freely during and after the illness,<\/li>\r\n
  • In cases of a physical incapacity (impotence), either party may pursue a civil annulment within five years of the condition beginning, as long as the condition was not known at the time of the marriage,<\/li>\r\n
  • If either of the two parties were force or compelled to enter the marriage by duress or fraud, either party must pursue a civil annulment within the specified statute of limitations unless they voluntarily cohabit.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Legitimacy of Children<\/td>\r\nUnder DRL \u00a7 24<\/a>, the children of annulled or void marriages are considered legitimate.<\/td>\r\n<\/tr>
Grounds for Annulment<\/td>\r\nFor the grounds upon which a person may seek a civil annulment, please refer to the types of legally invalid or prohibited marriages listed above in "Prohibited Marriages."<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

New York Codes and Court of Appeals Decisions<\/h2>\r\n

For more information about laws and legal issues in New York, including those related to civil annulments and prohibited marriages, consider reviewing the following resources:<\/p>\r\n