New York Law recognizes an action for a judgment of annulment.  A “civil” annulment granted by the court, that is by the government, should not be confused with an annulment granted by a religious authority.  Religions have various rules and restrictions on when they allow their members to divorce or to obtain an annulment of their marriages, and these are very important for many reasons, including whether the member can later remarry within their faith.  A religious separation or divorce is entirely separate from a state annulment, divorce or separation. 

            A New York State annulment can be granted by the court.  In an annulment, the court declares the marriage a “legal nullity.”

            The grounds for annulment are:

1.      Bigamy, where the spouse is still legally married to someone else.

2.      Under age, where one or both parties were under the age of consent.

3.      Mental illness, a mentally ill person lacks the capacity to consent to the marriage, and may annul it.  Also, a mentally retarded person may have a marriage annulled, where they lacked sufficient understanding to consent to the marriage.

4.      Physical incapacity, where the incapacity was unknown at the time of marriage, and remains incurable.

5.      Fraud, force, duress.  A party whose consent to the marriage was obtained by fraud, force, threat, etc., may have the marriage annulled.  A person whose consent to the marriage was fraudulently obtained may annul the marriage.

6.      Incumbent mental illness during the marriage, continuing for a period of at least five (5) years.

Although the court may declare a marriage to be a nullity, it may still award equitable distribution in an annulment.  The court may still divide up the couple’s property when granting the annulment.

Where there are children, the court in an annulment may determine custody, visitation and child support.