N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Action to Annul a Marriage or Declare It Void
New York Consolidated Laws

N.Y. Domestic Relations Law § 140 (2026)

Action for judgment declaring nullity of void marriages or annulling voidable marriage

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 140. Action for judgment declaring nullity of void marriages or
annulling voidable marriage. (a) Former husband or wife living. An
action to declare the nullity of a void marriage upon the ground that
the former husband or wife of one of the parties was living, the former
marriage being in force, may be maintained by either of the parties
during the life-time of the other, or by the former husband or wife.
  (b) Party under age of consent. An action to annul a marriage on the
ground that one or both of the parties had not attained the age of legal
consent may be maintained by the infant, or by either parent of the
infant, or by the guardian of the infant's person; or the court may
allow the action to be maintained by any person as the next friend of
the infant. But a marriage shall not be annulled under this subdivision
at the suit of a party who was of the age of legal consent when it was
contracted, or by a party who for any time after he or she attained that
age freely cohabited with the other party as husband or wife.
  (c) Party a person with a developmental illness or person with a
mental illness. An action to annul a marriage on the ground that one of
the parties thereto was a person with a developmental disability may be
maintained at any time during the life-time of either party by any
relative of a person with a developmental disability, who has an
interest to avoid the marriage. An action to annul a marriage on the
ground that one of the parties thereto was a person with a mental
illness may be maintained at any time during the continuance of the
mental illness, or, after the death of the person with a mental illness
in that condition, and during the life of the other party to the
marriage, by any relative of the person with a mental illness who has an
interest to avoid the marriage. Such an action may also be maintained by
the person with a mental illness at any time after restoration to a
sound mind; but in that case, the marriage should not be annulled if it
appears that the parties freely cohabited as husband and wife after the
person with a mental illness was restored to a sound mind. Where one of
the parties to a marriage was a person with a mental illness at the time
of the marriage, an action may also be maintained by the other party at
any time during the continuance of the mental illness, provided the
plaintiff did not know of the mental illness at the time of the
marriage. Where no relative of the person with a developmental
disability or person with a mental illness brings an action to annul the
marriage and the person with a mental illness is not restored to sound
mind, the court may allow an action for that purpose to be maintained at
any time during the life-time of both the parties to the marriage, by
any person as the next friend of the person with a mental illness or
person with a developmental disability.
  (d) Physical incapacity. An action to annul a marriage on the ground
that one of the parties was physically incapable of entering into the
marriage state may be maintained by the injured party against the party
whose incapacity is alleged; or such an action may be maintained by the
party who was incapable against the other party, provided the incapable
party was unaware of the incapacity at the time of marriage, or if aware
of such incapacity, did not know it was incurable. Such an action can be
maintained only where an incapacity continues and is incurable, and must
be commenced before five years have expired since the marriage.
  (e) Consent by force, duress or fraud. An action to annul a marriage
on the ground that the consent of one of the parties thereto was
obtained by force or duress may be maintained at any time by the party
whose consent was so obtained. An action to annul a marriage on the
ground that the consent of one of the parties thereto was obtained by
fraud may be maintained by the party whose consent was so obtained
within the limitations of time for enforcing a civil remedy of the civil
practice law and rules. Any such action may also be maintained during
the life-time of the other party by the parent, or the guardian of the
person of the party whose consent was so obtained, or by any relative of
that party who has an interest to avoid the marriage, provided that in
an action to annul a marriage on the ground of fraud the limitation
prescribed in the civil practice law and rules has not run. But a
marriage shall not be annulled on the ground of force or duress if it
appears that, at any time before the commencement of the action, the
parties thereto voluntarily cohabited as husband and wife; or on the
ground of fraud, if it appears that, at any time before the commencement
thereof, the parties voluntarily cohabited as husband and wife, with a
full knowledge of the facts constituting the fraud.
  (f) Incurable mental illness for five years. An action to annul a
marriage upon the ground that one of the parties has been incurably
mentally ill for a period of five years or more may be maintained by or
on behalf of either of the parties to such marriage.
Notes of Decisions
Cited in 29 cases (9 in the last 5 years), 1988–2024 · leading case: Campbell v. Thomas, 73 A.D.3d 103 (N.Y. App. Div. 2d Dep't 2010).
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Campbell v. Thomas, 73 A.D.3d 103 (N.Y. App. Div. 2d Dep't 2010). · cites it 4× “on to annul a marriage on the ground that one of the parties thereto was a mentally ill person may be maintained at any time during the continuance of the mental illness, or, after the death of the mentally ill person in that condition, and during the life of the other party to…”
Goldstein v. New York State Urban Dev. Corp., 921 N.E.2d 164 (N.Y. 2009). · cites it 2× “The trial court nonetheless dismissed the *541 complaint on the ground that the three-year period fixed for the commencement of an action for annulment set out in Domestic Relations Law § 140 (e) was a part of the statutory cause of action itself.”
Mack v. Brown, 82 A.D.3d 133 (N.Y. App. Div. 2d Dep't 2011). “When the presumption is successfully rebutted, the second marriage is void ab initio (see Domestic Relations Law § 6), and is not ratified or validated by a subsequent dissolution of the first marriage (see Sanchez v Sanchez, 79 AD2d 651 [1980]; Zeitlan v Zeitlan, 31 AD2d 955,…”
Langan v. St. Vincent's Hosp., 25 A.D.3d 90 (N.Y. App. Div. 2d Dep't 2005). “Domestic Relations Law § 14-a), requiring a divorce or annulment to dissolve (see e.”
Davis v. Davis, 71 A.D.3d 13 (N.Y. App. Div. 2d Dep't 2009). · cites it 2× “For example, Domestic Relations Law § 140 (d) provides, inter alia, that a spouse’s incurable physical incapacity for sexual relations, unknown to the other spouse at the time of marriage, is a basis for an annulment.”
Lanza v. Carbone, 130 A.D.3d 689 (N.Y. App. Div. 2d Dep't 2015). “It should be noted that, even if the marriage were proven to be a sham marriage, either party could have sought a divorce, a judgment declaring the nullity of a void marriage (see Domestic Relations Law § 140), or an annulment of a voidable marriage (see id.”
Travis A. v. Vilma B., 197 A.D.3d 1401 (N.Y. App. Div. 3d Dep't 2021). “To obtain an annulment, the plaintiff spouse must prove that the defendant spouse knowingly made a material false representation to the plaintiff spouse with the intent of inducing the plaintiff spouse's consent to marriage, that the misrepresentation was of such a nature as to…”
Brazil v. Brazil, 235 A.D.2d 611 (N.Y. App. Div. 3d Dep't 1997). “Due to the failure of proof as to this issue, there is no need for us to determine whether a statutory bar to plaintiff obtaining an annulment on this ground exists by reason of the parties’ voluntary cohabitation in Florida subsequent to the time plaintiff claims he learned of…”
Levine v. Dumbra, 198 A.D.2d 477 (N.Y. App. Div. 2d Dep't 1993). · cites it 2× “A marriage is void from the time its nullity is declared, if one of the parties to the marriage was incapable of consenting to the marriage for want of understanding (see, Domestic Relations Law § 7 [2]). The question is whether a party, because of mental illness or retardation,…”
Washington v. Janati, 118 A.D.3d 603 (N.Y. App. Div. 1st Dep't 2014). “His bare contentions that he did not understand the consequences of the fraud ground in Domestic Relations Law § 140 (e) and that he could not afford an attorney do not constitute reasonable excuses for his failure to appear in the action.”
DeLyra v. DeLyra, 547 N.E.2d 85 (N.Y. 1989). “Defendant counterclaimed for a declaration that the marriage was void ab initio because at the time of the wedding (see generally, Domestic Relations Law arts 2, 3) in 1977, plaintiff was still married to her former husband (see, Domestic Relations Law § 140 [a]). Supreme Court…”
Suwei Chuang v. Ya Chen Hsieh, 92 A.D.3d 939 (N.Y. App. Div. 2d Dep't 2012). “In April 2006 the plaintiff commenced this action seeking an annulment of the marriage on the ground of fraud (see Domestic Relations Law § 140 [e]). The defendant asserted a counterclaim for a divorce on the ground of cruel and inhuman treatment (see Domestic Relations Law §…”
Show all 29 citing cases →
N.Y. Domestic Relations Law § 140(a): 1 case
Valente v. Cabral, 2019 NY Slip Op 8241 (N.Y. App. Div. 2d Dep't 2019).
N.Y. Domestic Relations Law § 140(e): 2 cases
Cunningham v. Cunningham, 225 A.D.3d 584 (N.Y. App. Div. 2d Dep't 2024).
W.G.G. v. J.d.s.-g., 2024 NY Slip Op 24072 (N.Y. Sup. Ct., Nassau Cty. 2024).
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