[NY] [NY] I’ve been married 7 months. Can I get it annulled?

Lexi, Chatbot

I understand this must be a difficult situation for you. Have there been any specific issues in your marriage that you believe could qualify for an annulment?

Lexi, Chatbot

Are there any legal reasons or grounds that you believe might make you eligible for an annulment rather than a divorce?

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with annulment.

Melissa R. Esq.

Hey there! Welcome to AskaAlawyer. I'm Melissa R., an attorney with many years of experience. I’m happy to help with your question regarding annulments.

Annulments have different state-wide rules. So I can better help you, what state are you located in?

Melissa R. Esq.

Thanks for letting me know you're in New York. Could you tell me a bit more about your marriage? Are there any specific reasons or circumstances that might qualify it for an annulment under New York law?

Melissa R. Esq.

Got it, thanks for clarifying. In New York, annulments are typically granted under specific circumstances, like fraud or incapacity. Could you share if there were any issues like these in your marriage?

Here are the five legal grounds for an annulment in New York: (NY Dom Rel L § 140) 

1. Too young to consent – Marriage under age 18 requires parental consent; under 16 also requires judicial approval.
2. Lack of mental capacity – If either spouse was mentally incapacitated at the time of the marriage.
3. Inability to consummate the marriage – Physical inability to have intercourse, unknown at the time of marriage, and must be raised within five years.
4. Consent obtained by force or fraud – Entering the marriage under duress or due to deception (e.g., false pregnancy, intent to obtain a green card, false intent to have children).
5. Incurable mental illness for 5+ years – If your spouse has been mentally ill for five years and cannot be cured.

Melissa R. Esq.

Understood. You're now asking whether a marital agreement can prevent court involvement. While I can’t perform a full legal review here, I can provide general guidance:

A well-drafted marital (or separation) agreement can help settle terms between you and your spouse—such as property division, support, and other obligations—and potentially reduce the need for a court trial.

However, to make it enforceable, the agreement must be:

• Comprehensive and fair
• Voluntarily signed by both parties
• Notarized (ideally)
• Submitted to the court if you proceed with an uncontested divorce

That said, even with a solid agreement, you'll still need to file for divorce through the court system to legally end the marriage. The agreement just simplifies the process and helps avoid conflict.