What is the legal process to annul a marriage in New York?

To annul a marriage in New York, the correct legal process requires a court proceeding to establish the invalidity of the marriage. An annulment is not simply a dissolution of marriage like divorce, but instead it declares that a marriage was never valid from the outset. This involves meeting specific legal criteria and filing a petition in court, which engages the judicial system to evaluate the circumstances surrounding the marriage.

Factors that can lead to an annulment include situations such as one party being underage without parental consent, a lack of capacity to consent (e.g., mental incapacity), fraud, or duress at the time of marriage. The court will examine the evidence presented and make a determination regarding the validity of the marriage.

Other options do not accurately reflect the procedures required for annulment in New York. A divorce proceeding (the first option) is a separate legal action entirely aimed at dissolving a valid marriage rather than declaring it invalid. Annulments cannot be done verbally (the third option) since they necessitate formal legal proceedings in court. Moreover, an annulment is not processed automatically after separation (the last option); separation does not equate to annulment, and court action is required to officially annul the marriage.