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New York Annulment and Prohibited Marriage Laws
More Information on Annulment and Prohibited Marriage Laws
| Code Section | Dom. Rel. §5-7, 24, 140 |
| Grounds for Annulment | Undissolved previous marriage; underage; incurable mental illness (for period of 5 yrs. or more); physical incapacity; consent by force, duress or fraud; incapable of consent for want of understanding |
| Time Limits for Obtaining Annulment | Undissolved: Anytime during lifetime of parties; Underage: Until legal age of consent and cohabitation; Mental: Anytime during which illness continues, unless freely cohabits after restored to sound mind; Physical incapacity: Within 5 yrs. of marriage if unknown at marriage; Force, duress, fraud: Within civil statute of limitations unless voluntary cohabitation after discovery |
| Legitimacy of Children | Children of annulled or void marriages are legitimate |
| Prohibited Marriages | Between ancestor and descendant, brother and sister whole or half blood, uncle and niece, aunt and nephew, when previous marriage undissolved |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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