Six Legal Grounds for Annulment in New York

If you’re questioning the validity of your marriage in New York, understanding the legal grounds for annulment is a critical first step. Unlike divorce, which ends a valid marriage, annulment declares that a marriage was never legally valid to begin with. There are only specific circumstances under which a New York court will grant an annulment, and each one comes with its own legal standard and evidentiary requirements. 

In this guide, we break down the six legally recognized grounds for annulment in New York and explain what kind of proof the courts require for each. If you’re unsure if your situation qualifies, an experienced Manhattan family law attorney can help clarify your options. Contact the Law Office of Richard Roman Shum at (646) 259-3416 to discuss your case confidentially and take the next step toward protecting your future.

1. A Prior, Existing Marriage (Bigamy) – DRL § 140(a)

If you discovered that your spouse was already married to someone else at the time of your wedding, your marriage is not just problematic. It is legally void under New York law.

Bigamy, which refers to entering into a marriage while still legally married to another living spouse, is taken very seriously in New York. It is not only grounds for the court to declare the second marriage invalid, but it is also classified as a Class E felony. You can petition the court to nullify the marriage, whether you are the spouse in the second marriage or the spouse from the earlier, still-valid marriage.

How to Prove Bigamy in New York

To have your marriage declared void due to bigamy, you must present clear, documentary evidence that your spouse was already married to someone else at the time your ceremony took place.

• Certified Record of the First Marriage: The most important piece of evidence is a certified copy of the first marriage certificate. This establishes that your spouse was legally married on the date of your marriage.
• Proof That the First Marriage Was Never Legally Ended: You must also demonstrate that the earlier marriage was never dissolved. This typically requires a record search conducted through the County Clerk’s office in every jurisdiction where either party to the first marriage may have lived. If the search confirms that no divorce, annulment, or dissolution was ever filed or granted, it strengthens your case that the first marriage was still valid.
• Supporting Witness Testimony: Although official documents are the most persuasive, testimony from the first spouse can serve as powerful corroboration. Their account can help confirm the timeline and show that the earlier marriage was still in effect when you entered your own.

If your spouse was already married at the time of your wedding, you have the right to seek a legal declaration that your marriage is void. With the appropriate evidence, the court can confirm that the second marriage was never valid, giving you the legal clarity and peace of mind to move forward.

Type of Evidence	Description	Details / Source
Certified Record of the First Marriage	A certified copy of the first marriage certificate	Confirms that your spouse was legally married on the date of your marriage
Proof That the First Marriage Was Never Legally Ended	Documentation showing the first marriage was not dissolved	Record searches from County Clerk’s offices where either spouse may have lived; no divorce, annulment, or dissolution found
Supporting Witness Testimony	Testimony from the first spouse or other witnesses	Corroborates the timeline and that the earlier marriage was still in effect

2. Under the Age of Legal Consent – DRL § 140(b)

If you were under the age of 18 when you got married in New York, and the necessary legal consents weren’t obtained, you may have valid grounds to seek an annulment.

New York law requires that anyone under 18 must have written consent from both parents in order to legally marry. If you were under 16, the law also requires judicial approval. Without these consents, the marriage is considered voidable, meaning it is legally valid unless and until it is annulled. An action for annulment on this ground can be initiated through you as the underage spouse, or through your parent or legal guardian.

How This Ground Is Proven

Proving that you were underage at the time of the marriage is typically straightforward. A certified copy of your birth certificate, along with the marriage license or certificate, is generally sufficient to establish your age at the time of the wedding.

However, success in court often depends on an additional element: demonstrating that the marriage was not subsequently ratified once you reached the age of consent.

What Is Ratification, and Why It Matters

Under New York law, if you continued to freely cohabit with your spouse as a married couple after turning 18, you may be considered to have ratified the marriage. This means you accepted the marriage despite having been underage at the time it was entered into, and as a result, you may no longer be eligible for an annulment on this ground.

To counter this, you’ll need to show that you and your spouse did not live together as husband and wife after you turned 18. Evidence may include:

• Lease agreements or housing records showing separate residences
• Utility bills in your individual name or at separate addresses
• Testimony from friends, family, or others who can attest that you and your spouse lived apart after you reached the age of majority

Establishing that the marriage was never ratified is a critical component of your case. If this can be clearly demonstrated, the court may grant an annulment based on your age at the time of the marriage.

Manhattan Family Law Attorney Richard Roman Shum

Richard Shum

With more than 15 years of experience handling complex family law matters in New York City, Richard Roman Shum is a skilled advocate for clients facing annulment, divorce, custody disputes, and parenting challenges. As an attorney and father, Richard brings a steady, strategic presence to emotionally charged situations, offering legal support that’s both practical and deeply personal.

Highlights:

• J.D., Suffolk Law School (2007)
• Admitted in New York (2008), Massachusetts (2007), and U.S. District Courts (Eastern & Southern Districts of New York)
• B.A. from Washington University; M.A. from Emerson College
• Over 15 years of experience focused on family and divorce law in NYC
• Skilled in child custody, asset division, spousal support, and high-net-worth divorce
• Dedicated to transparent communication, tactical planning, and strong client advocacy

3. Lack of Mental Capacity at the Time of Marriage – DRL § 140(c)

If you or your spouse were unable to understand the nature of the marriage at the time of the ceremony, that may be valid grounds for annulment under New York law.

This ground applies when one party was incapable of consenting to the marriage due to a lack of understanding at the exact moment the ceremony took place. This mental incapacity must have been present at the time of the wedding and may have resulted from a developmental disability, mental illness, or intoxication from drugs or alcohol. It is important to distinguish this from a different ground that deals with an incurable mental illness lasting five years or more after the marriage. This particular ground is concerned only with the person’s mental condition at the time the marriage was entered into.

How to Prove Lack of Mental Capacity

To establish this ground, the court will look specifically at the party’s mental state during the marriage ceremony. General mental health history is not enough. The evidence must directly relate to the individual’s ability to comprehend and give informed consent at that moment.

Medical and Psychiatric Records

One of the most effective forms of proof is contemporaneous medical evidence. This may include medical or psychiatric records, evaluations from a licensed psychologist or psychiatrist, or hospital admission notes from the date of or near the marriage. These documents can help show that the person was not in a mental state to understand what they were agreeing to.

Testimony from Witnesses

Testimony from people who were present during or shortly before the wedding can play a critical role. This might include the officiant, friends, or family members who can speak to the person’s demeanor, coherence, and ability to engage meaningfully in the ceremony. Descriptions of confusion, erratic behavior, or inability to communicate effectively can be highly persuasive.

Evidence of Intoxication

If the lack of capacity was due to alcohol or drug intoxication, the court may consider firsthand accounts, bar receipts, or even the affected person’s own statement if they do not remember the ceremony. For example, evidence that the person was in a drunken stupor or appeared severely impaired could support the claim of incapacity.

Be Aware of Ratification

As with other voidable grounds, annulment is no longer available if both parties freely lived together as a married couple after the affected person regained full mental capacity. This is known as ratification, and it can prevent the court from granting an annulment. To avoid this, you must be able to show that the couple did not resume marital life once the impaired spouse was restored to a sound state of mind.

4. Incurable Physical Incapacity (Impotence) – DRL § 140(d)

If you discovered after your wedding that your spouse is physically incapable of consummating the marriage and that this condition cannot be cured, you may have valid grounds for an annulment under New York law.

This ground applies when one spouse is physically incapable of engaging in sexual intercourse and the condition is determined to be permanent and incurable. It is important to understand that sterility, the inability to conceive children, is not considered the same as physical incapacity and is not covered under this legal provision. The law focuses specifically on the ability to consummate the marriage.

How to Prove Incurable Physical Incapacity

Successfully pursuing an annulment on this ground requires specific and compelling evidence, particularly from qualified medical professionals. In addition, there is a strict deadline for filing the annulment that must be observed.

Expert Medical Testimony

The most critical part of your case will be medical documentation or expert testimony from a qualified physician. This may include a urologist, gynecologist, or another medical expert who has examined your spouse. The doctor must be able to confirm both the existence of the physical condition and the fact that it is incurable. A sworn report or in-court testimony is generally required to satisfy this element.

Your Own Testimony

As the person seeking the annulment, you must testify that you were not aware of your spouse’s condition at the time you entered the marriage. If you knew of the incapacity and still chose to marry, the court may not grant the annulment. Your statement is essential to demonstrating that the condition was a material fact unknown to you.

Time Limit for Filing

New York law is very clear on this point. If you plan to seek an annulment due to incurable physical incapacity, you must do so within five years of the date of the marriage. This is a strict legal deadline, and failing to file within this period may result in losing your right to bring the claim. You will need to establish the timeline clearly in your petition.

5. Consent Obtained by Force, Duress, or Fraud – DRL § 140(e)

If you agreed to marry under false pretenses or because you were coerced or threatened, New York law may allow you to seek an annulment. This is one of the most commonly raised grounds, but also one of the most difficult to prove. 

How to Prove Fraud

Fraud occurs when one party enters the marriage as a result of a serious misrepresentation or deliberate lie from the other party. However, not every false statement qualifies. The misrepresentation must be material, meaning it concerns an essential aspect of the marriage and was central to your decision to marry. If you would not have married the person had you known the truth, then the fraud may be considered material.

Examples of material fraud include:

• Marrying for the sole purpose of obtaining a green card or immigration status
• Falsely promising to have children, without any real intention of doing so
• Concealing a serious criminal record, a prior undissolved marriage, or a permanent physical incapacity to consummate the marriage

What Kind of Evidence Is Needed?

Proving fraud requires more than just your own testimony. The most compelling evidence includes:

• Third-party testimony. This is considered the strongest form of proof. For example, a friend or relative who heard your spouse make the false promise before the wedding, and later admit that it was a lie, can significantly strengthen your case.
• Written communications. Emails, text messages, or letters that show both the false statement and later contradictions are persuasive.
• Immediate response. If you continued living with your spouse after discovering the truth, the court may find that you accepted the situation. You must show that you ended the relationship once the fraud was uncovered. Continuing to cohabit after learning the truth can be seen as ratifying the marriage and waives your right to annul it on this basis.

How to Prove Force or Duress

This ground applies when you were threatened or coerced into marrying. The standard is high. The pressure must involve more than emotional manipulation or family influence. The court looks for unlawful threats or wrongful acts that were so serious they overwhelmed your free will and made you feel that you had no real choice but to go through with the marriage.

Evidence That Supports This Claim

The burden of proof is significant. You must present clear and convincing evidence of the threats or coercion. This can include:

• Police reports or restraining orders filed before or shortly after the wedding
• Voicemails, texts, or emails that show threats or intimidation
• Witness testimony from people who observed your fear or the coercive behavior

As with fraud, this claim will not succeed if you continued living with your spouse after the threats or pressure ended. If you resumed marital life voluntarily once the coercion stopped, the court may view that as an acceptance of the marriage.

6. Incurable Mental Illness for Five or More Years – DRL § 140(f)

If your spouse has been suffering from an incurable mental illness for at least five years after your marriage, New York law allows you to seek an annulment under this specific ground. It is important to understand that this is not the same as lacking mental capacity at the time of the wedding. This ground applies only when the mental illness developed or continued after the marriage began, and it is considered permanent and untreatable.

This type of annulment follows strict procedures under Domestic Relations Law § 141 and operates under some of the most demanding standards in family law.

How to Prove Incurable Mental Illness

This ground requires highly specific medical evidence and must follow a formal process established under the law. The court will not grant an annulment unless all requirements are met exactly.

• Examination by Three Court-Appointed Physicians: The court is required to appoint three qualified physicians who are recognized experts in mental illness. These doctors will conduct independent evaluations of your spouse. If your spouse is currently confined to a state hospital, at least one of these physicians must be a member of that hospital’s medical staff.This rule is mandatory. The case cannot proceed without these court-appointed evaluations.
• Unanimous Medical Findings: All three physicians must agree in their reports that your spouse is suffering from an incurable mental illness that has lasted at least five years. If even one physician disagrees or finds the condition to be treatable, the court will not approve the annulment.
• Supporting Documentation: In addition to the doctors’ evaluations, the case must include a minimum of five years of documented medical history. This includes psychiatric evaluations, hospital admission records, treatment summaries, and any other documentation that establishes the nature and duration of the mental illness.

Important Note About Financial Responsibility

If the court grants an annulment under this ground, it may order you to provide lifelong financial support for your spouse. This obligation recognizes the continuing need for care and stability for individuals who are unable to support themselves due to their condition.

Seeking an annulment based on incurable mental illness is a deeply serious legal matter. The process is structured to protect the rights and dignity of individuals living with mental illness, while also offering a legal remedy for spouses whose marital relationship has been fundamentally altered. If you are considering this path, it is essential to work with experienced professionals and be prepared to meet all procedural and evidentiary requirements.

Why Annulments Demand a Higher Burden of Proof – DRL § 144

If you are considering an annulment in New York, it is important to understand that the process is not only different from divorce, but significantly more demanding. The legal standards for annulment are intentionally strict, and navigating them requires more than just agreement between the spouses.

No Such Thing as an “Uncontested” Annulment

Unlike divorce, annulment actions cannot proceed through default or mutual consent. There is no simplified path where both spouses agree and the court automatically grants the annulment. Every annulment must go through a formal hearing or trial, where the spouse requesting the annulment must actively prove the legal ground they are relying on. Even if the other spouse fails to respond or agrees with the claim, the court will not grant an annulment unless it is fully satisfied through the evidence presented.

The Corroboration Rule

Perhaps the most significant legal hurdle in annulment cases is found in Domestic Relations Law § 144(2), which sets a high evidentiary standard. This rule states that the declaration or confession of either party is not enough to support an annulment. In other words, even if your spouse openly admits in court to committing fraud, using duress, or concealing a material fact, the court still requires additional, independent evidence to confirm the claim.

This rule exists to prevent misuse of the annulment process, such as when two parties might falsely claim fraud or incapacity in order to undo a valid marriage. Because of this safeguard, courts demand proof that is objective, verifiable, and supported through outside sources. This is why third-party witness statements, certified documents, and medical or psychiatric evaluations are not optional. They are legally required to move your case forward.

The Right to a Jury Trial

Another unique aspect of New York’s annulment laws is that you have the right to request a jury trial on all issues, except in cases where the annulment is based on physical incapacity. This adds another layer of complexity and formality to the process, and makes legal representation even more critical. A jury trial means that you may need to present your case not only to a judge, but to a panel of jurors, each of whom must be persuaded through your evidence.

Contact the Law Office of Richard Roman Shum for Trusted Legal Guidance

Annulment cases in New York are legally complex and emotionally challenging. Unlike divorce, annulment requires a precise legal foundation and persuasive evidence to convince the court that your marriage was never valid under the law. From proving fraud or force to meeting the strict requirements for mental illness or physical incapacity, each ground involves detailed legal standards and procedural hurdles.

If you believe your marriage qualifies for annulment under any of the six grounds discussed, do not navigate the process alone. An experienced attorney can help you understand your rights, gather the necessary documentation, and present your case effectively in court. Call the Law Office of Richard Roman Shum at (646) 259-3416 to schedule a confidential consultation and take the first step toward resolution and peace of mind.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/six-legal-grounds-for-annulment-in-new-york/