Annulment

Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.

Grounds for Annulment

The grounds for annulment:

• Include lack of legal consent (if one of the parties is less than 18 years old) at the time of the marriage;
• Incapability of consent due to lack of understanding
• Physically incapable of entering into a marriage
• Incurably mentally ill for 5 years or more
• Consented to enter into a marriage due to force, duress or fraud

Fraud

Fraud remains the single most common ground for annulment in New York State. “Fraud” generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff’s consent to the marriage predicated on the Defendant’s statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt. The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered or could reasonably have been discovered.

Marriages which are Void Ab Initio

Certain marriages in New York are void on their face and do not require an annulment proceeding to terminate. These would include: spouses being relatives (incestuous marriages), or marriages entered into while a party is still married (bigamous marriages). Either party (as well as other certain individuals who may have standing) may petition the court with an “Action to Declare the Nullity of a Void Marriage.” The court, upon proper pleadings, renders a Judgment that the marriage is void. There may be effects of the marriage such as a property settlement and even maintenance if the court finds it equitable to order such relief.

Annulments in the Catholic Church

When procured from the Catholic Church an annulment enables one to later be remarried in the Church. A Catholic Church annulment is independent from obtaining a civil divorce, although before beginning a process in front of the Ecclesiastical Tribunal, it has to be clear that the marriage community cannot be rebuilt.