New York City Annulment

Ending a marriage through an annulment can feel confusing and overwhelming. In New York City, an annulment is a legal process that says a marriage was never valid under state law. It is different from a divorce and is only allowed in certain situations. A New York City annulment lawyer can help you understand whether your marriage qualifies and guides you through the annulment process from start to finish. 

What is an Annulment?  

An annulment is a court order that declares a marriage null and void. This means the marriage is treated as if it never legally existed. Even though you may have had a wedding and lived together as spouses, the court decides that the marriage was not valid under the law. Annulments are not available in every case and can only be granted for specific legal reasons.  

In New York State, annulments are allowed for certain legal grounds, such as being under the age of consent, lack of mental or physical capacity, fraud, force, or incurable mental illness. These are sometimes called void or voidable marriages. Because annulment laws are strict, many people choose to speak with an annulment lawyer to see if they may qualify. 

When Can You Get an Annulment?  

You can seek an annulment if you want to have a court declare that your marriage is no longer valid, even though it may have been valid when you first got married.  There are five reasons you can use to get an annulment of your marriage:

1. Too young to give consent to get married – Marriage of any person under 18 needs the written consent of both parents. Marriage of any person under 16 also needs approval by order of a judge. If these requirements are not met, a spouse who is still under 18 (or his or her parents or guardians) can seek an annulment.
2. Lack of mental capacity to give consent to get married – If you or your spouse was mentally ill or otherwise mentally incapacitated at the time of the marriage, the marriage may be annulled for that reason while either spouse is alive.
3. Lack of physical capacity to consummate the marriage – If you or your spouse is physically unable to have sexual intercourse, but did not know of the incapacity at the time of the marriage, the marriage may possibly be annulled. You must ask for the annulment within the first five years of the marriage.
4. Consent for the marriage obtained by force, duress, or fraud – If you entered into the marriage due to pressure, force, or fraud, you may be able to obtain an annulment. Examples of fraudulent marriages include:
   • marrying to obtain immigration status (a green card)
   • claiming to be pregnant to entice someone to marry
   • claiming you want to have children when you really don’t
5. Incurable mental illness for a period of five years or more – If your spouse is mentally ill for more than five years and cannot be cured, you may be able to obtain an annulment.

What Needs to be Addressed Following an Annulment?  

When a marriage is annulled, it is declared null and void. The record of the marriage and annulment remains, but you and your former spouse may consider yourselves to not have been married.  Any children of the marriage remain legitimate.  After the annulment, a few issues must be dealt with, including:

• Minor children: You and your former spouse both remain responsible for any minor children of the marriage.  A court can make orders for custody, visitation and financial support of minor children.
• Division of property: A court can make an order to distribute marital property fairly between you and your former spouse, and also may order maintenance payments, just as if the action were for divorce.

How Can an Annulment Attorney Help?  

An annulment lawyer can explain your legal rights and help you decide whether an annulment or divorce is the better option for your situation. Your lawyer can review the facts of your marriage and determine if you meet the legal requirement for annulment in New York. They can also explain what proof the court may require.   

If you move forward, an annulment lawyer can prepare court papers, represent you in court, and help resolve related issues such as custody, child support, or division of property. Having a knowledgeable family law lawyer can make the process clearer and help protect your interests.

Speak With a Trusted New York City Annulment Attorney  

If you are thinking about ending your marriage, you do not have to face the legal process alone. An experienced New York City annulment lawyer can answer your questions, explain your options, and help you understand what to expect. Getting legal advice early can help you avoid delays and unnecessary stress.  

The New York City Bar Legal Referral Service can help connect you with a qualified annulment lawyer. Contact us today to schedule a consultation and learn how a lawyer can help you take the next step forward. 

Legal Editor: Charlotte Lee, April 2015 (updated May 2026)