Understanding Marriage Annulment in New York

In New York, a marriage annulment is a legal declaration that a marriage never existed, as if it had never taken place. Couples may seek annulment for marriages that were never supposed to exist under state laws. For example, a marriage is void and eligible for annulment if underage parties married without the consent of a parent or guardian.

A marriage annulment is not the same as a divorce in New York. Annulment seeks to dissolve an illegal union, while divorce is the dissolution of a legally recognized union. These forms of marriage dissolution also differ based on their outcome. For instance, any affected New York marriage record becomes invalid after an annulment. Couples in an annulled marriage are sometimes not eligible to receive properties or any form of spousal support. In contrast, divorcing couples have the right to share properties and assets accrued before and during the marriage.

Grounds for Annulment in New York

Under Article 9 of the New York Legislation, you may seek a marriage annulment under these conditions:

• Either party was underage, and there was no written consent from the parent or judge before the marriage occurred.
• Either party lacked the mental capacity to give consent to the marriage.
• A party lacks the physical capacity to consummate the marriage and did not inform the other party before the marriage.
• Either party consented to a marriage due to duress, pressure, or fraud.

A marriage is automatically nullified and does not require a court decree of annulment if:

• Either party was still legally married to another as of the time of the marriage event.
• The parties are close blood relations. This reason does not apply to marriages between first cousins and second cousins.
• A state-approved official, such as a clergy or a minister of any religion did not officiate the marriage ceremony.

Eligibility Requirements for an Annulment in New York

You are typically eligible to annul a marriage for reasons such as bigamy, incest, or mental incapacity. In addition to these reasons, you must fulfill specific requirements. For example, you or the other party must reside in New York for at least a year before filing for annulment.

Petitioners must also file for marriage annulment within specific timelines. Case in point: you must file a marriage annulment within the first five years of marriage if one of the parties was unable to physically consummate the marriage.

There are also instances when petitioners file for annulment as soon as they meet the legal age limit or become mentally fit to make the decision. As an example, persons who were mentally unfit may file for annulment as soon as they regain sanity.

How to Get a Marriage Annulled in New York

New York residents may get a marriage annulled by following these general steps:

1. Determine if you meet the legal requirement for annulment: The New York statutes outline the legal reasons for filing an annulment. These reasons may include mental incapacity, bigamy, incest, or fraud.
   If unsure about your eligibility, you may make inquiries at the clerk’s office of the local supreme court. The court clerk is often responsible for handling petitions for marriage annulment.
2. Gather the necessary documents: petitioners or plaintiffs are generally required to submit a petition for annulment. The petition may include these details:
   • The couple’s legal name.
   • The petitioner’s personal information, including birthdate and primary address.
   • Reasons for the annulment.
   • Information about children in the union.
     In addition to a petition, you may include files that corroborate your claims. The Supreme Court clerk may offer information on the required documents.

3. File the documents: You may choose to file the required documents via online or offline filing options. The New York State Courts Electronic Filing System (NYSCEF) allows online filing for marriage annulment.
   To file the documents offline, you must make copies and submit them to the clerk of the Supreme Court in your county. For example, Albany County Supreme Court accepts in-person filing for annulment at this location:
   
   Albany County Courthouse
   Room 102
   16 Eagle Street
   Albany, NY 12207
   Phone: (518) 285-8989
   Fax: (518) 453-8697

4. Pay the filing fees: There is no state-specific filing fee for marriage annulment in New York. So, you should contact the local supreme court for more information concerning the fee structure. Petitioners may qualify for fee waivers, provided they show evidence of financial incapacity.
5. Serve the papers to the other party (defendant): Within 120 days of filing the complaint, the defendant must be served with annulment papers. The person who is serving the papers must fulfill these criteria:
   • Must not be a case party.
   • Must be 18 years old or above.
   • Must be a New York resident.
     The defendant must fill out the Affidavit of Service and return it to the plaintiff. Defendants have 20 days to respond to the papers if served in person and 30 days if served via other means.

The court may conduct a hearing to review the case and to make appropriate decisions. If the petition is granted, the court may issue an order of annulment and render the marriage invalid.

Required Forms and Documentation for an Annulment in New York

New York residents are typically required to submit a petition for annulment. The petition must contain personal information about the case parties and reasons for the petition. In addition to filing a petition, plaintiffs must include documents that serve as evidence of their claims.

For instance, you need financial records or video recordings if filing an annulment based on fraud. In the case of mental or physical incapacity, you may provide a medical report from a state-recognized facility.

Where to File for an Annulment in New York

You may file for annulment at the clerk’s office of a county supreme court. The court clerk is responsible for receiving filed documents and for transferring the documents to the court judge. Note that the clerk may only accept in-person filing during business hours.

In contrast, you may file the documents online via the NYSCEF system. You are first required to create an account on the platform before uploading the required documents.

Annulment Timelines and Waiting Periods in New York

New York imposes a five-year deadline if you are filing for annulment based on physical inability to consummate the marriage. There is, however, no specific deadline or waiting period if the annulment petition is for other reasons.

Nevertheless, it is recommended to file for annulment as soon as you discover the reasons to do so. The court may reject an annulment petition and recommend a divorce proceeding if the petitioner waited too long after meeting the eligibility criteria. Case in point: You may not qualify for annulment if you were mentally incapacitated at the time of the marriage but remained in the union after regaining sanity.

Annulment case proceedings do not have a specified timeframe. Such cases are generally resolved more quickly when there is no contest to the petition. However, the case may get delayed due to missing paperwork, property disputes, and case backlogs.

Costs and Court Fees for an Annulment in New York

New York does not impose a general filing fee for marriage annulment petitions. Instead, each local supreme court is responsible for setting the filing fee and other related costs. Petitioners may contact their local supreme court for more information about filing costs.

Besides paying a filing fee, petitioners may incur additional expenses, including attorney fees and service costs. Nevertheless, they seek relief from these costs by self-representing and by applying for a fee waiver.

After the Annulment: What Happens Next?

In New York, a marriage is declared null and void after annulment. The marriage record remains invalid, and the couples are restored to their original status before the marriage occurred. Children from an annulled marriage are legitimate and are eligible for child custody and support.