How Long Can You Be Married and Still Get an Annulment in New York?

Written by Yonatan Levoritz on April 15, 2025

A commonly asked question among recently married individuals is, How long can you be married and still get an annulment in NY? The answer to this question largely depends on the grounds for annulment and each individual’s case. New York law does not impose a strict time limit on annulments, but acting quickly can be crucial. The key factor is not the length of the marriage but whether it meets the legal grounds for annulment.

This article will explain the differences between annulments and divorces, the legal grounds for annulment in New York, how to file for one, and other considerations you may need to consider. The attorneys at The Levoritz Law Firm are available to guide clients through every stage of the process.

Understanding Annulment vs. Divorce in New York

What Is an Annulment?

An annulment is a legal ruling that declares a marriage invalid from the beginning. Unlike a divorce, which dissolves a valid marriage, an annulment establishes that the marriage was never legally valid. This could be due to various reasons, such as fraud, coercion, or one party’s inability to consent to the marriage at the time of the union.

A divorce is the legal dissolution of a marriage by a court. An annulment is a judicial declaration that a marriage is invalid. Unlike divorces, annulments do not have pre-designed forms available for public use, and filing often requires the expertise of a family law attorney.

How Annulment Differs From Divorce

One of the most significant differences between an annulment and a divorce is the implications of the legal ruling. An annulment treats the marriage as though it never happened, whereas a divorce recognizes that the marriage existed but has now ended. Other distinctions can include the reasons for filing and the procedural requirements.

Why Some People Choose Annulment Over Divorce

People prefer annulments over divorces based on personal, financial, cultural, or religious grounds. Certain religions limit divorce but allow annulments under specified circumstances. Under certain circumstances, people may find that annulments are a better fit based on their personal values or religion, especially where they view the marriage as defective in and of itself.

Legal Grounds for Annulment in New York

Common Reasons for Annulment

The most frequent justifications for annulment in New York include, but are not limited to:

• Fraud or Misrepresentation: This occurs when one spouse deceives the other about critical aspects of their identity or intentions, such as concealing a prior marriage.
• Coercion or Duress: Marriages entered into under force or threats are considered invalid.
• Party Underage at the Time of Marriage: If either spouse was below the legal age of consent, the marriage may be annulled.
• Impotence or Physical Incapacity: When one spouse is unable to consummate the marriage due to a physical condition that was undisclosed at the time of marriage.
• Mental Illness or Developmental Disability of either spouse at the time of the marriage.

According to New York Domestic Relations Law Section 140 , these eligibility requirements are outlined in detail.

How Long You Can Be Married and Still Qualify for an Annulment

There is no strict time limit to how long you can be married before seeking an annulment in New York. However, timing can influence the feasibility of filing based on the grounds for annulment. For instance:

• Fraud claims generally have to be brought within a reasonable time after discovering the deceit.
• Annulments based on underage marriage are typically voidable the moment the underage party reaches legal age and freely cohabitates with their spouse afterward.

The Importance of Timing in Seeking an Annulment

While some annulments can be filed at any point during the marriage, acting promptly can significantly affect your case’s outcome, especially when evidence is required to prove grounds like fraud or coercion.

How to File for an Annulment in New York

The annulment process in New York is not as straightforward as filing for a divorce. Since standard annulment forms are not publicly available, petitioners are encouraged to consult with experienced family law attorneys to guide them through this complex legal process.

Steps involved typically include:

1. Filing a petition with the family or supreme court explaining the grounds for annulment.
2. Submitting evidence that supports your claim.
3. Receiving a judicial ruling addressing the marriage’s validity.

How Long You Can Be Married and Still Qualify for an Annulment

There is no strict time limit to how long you can be married and still get an annulment in NY . However, timing can influence the feasibility of filing based on the grounds for annulment. For instance, claims of fraud or coercion must be pursued within a reasonable timeframe after discovering the deception.

Consequences and Effects of Annulment in New York

Before filing, it’s also essential to understand the implications of an annulment ruling, especially concerning property and children.

What Happens to Property Division?

Because annulments declare marriages invalid, property division can differ from divorce settlements. Courts may return assets to their original owners instead of dividing them as joint marital property.

How Annulment Affects Child Custody and Support

Although an annulment voids a marriage, it does not impact the legal responsibilities associated with parenthood. Child custody and support are treated separately, ensuring the child’s well-being remains the priority.

Are There Exceptions to the Time Limit for Annulment?

Certain situations may allow exceptions to standard annulment time limits, such as undiscovered fraud or prolonged mental incapacity. These exceptions are evaluated case-by-case, making input from legal professionals even more crucial.

Why You Need an Experienced Family Lawyer for an Annulment

Since annulments involve specific grounds and evidence, working with an experienced attorney is important. Lawyers specializing in family law can ensure your case meets all legal requirements, saving you time and effort while maximizing your chances of success.

Contact Our Experienced Family Law Team for Your Annulment Case in NYC

Are you wondering if your marriage qualifies for an annulment, or are you considering filing? How long can you be married and still get an annulment in NY? Don’t leave your future to chance. Contact The Levoritz Law Firm at (718) 942-4004 for advice and representation.