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New York Consolidated Laws

N.Y. Domestic Relations Law § 7 (2026)

Voidable marriages

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 7. Voidable marriages. A marriage is void from the time its nullity
is declared by a court of competent jurisdiction if either party
thereto:
  1. Is under the age of legal consent, which is eighteen years;
  2. Is incapable of consenting to a marriage for want of understanding;
  3. Is incapable of entering into the married state from physical
cause;
  4. Consent to such marriage by reason of force, duress or fraud;
  5. Has been incurably mentally ill for a period of five years or more.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1985–2025 · 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 3× “This Court concluded that the marriage between Nidia and Howard was null and void on the ground that Howard was “incapable of consenting to a marriage for want of understanding” (Domestic Relations Law § 7 [2]). The Domestic Relations *111 Law deems such a marriage to be…”
Fossella v. Adams, 272 N.E.3d 1118 (N.Y. 2025). · cites it 3× “21 (b) (requiring the consent of a parent or guardian to provide mental health services to a minor, subject to narrow and enumerated exceptions); Domestic Relations Law § 7 (1) (voiding any marriage where either party is under 18); Education Law § 3205 (1) (a) (requiring minors…”
James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). · cites it 2× “§ 37:1-6 (2018); N.Y. Domestic Relations Law § 7 (McKinney 2018); N.”
In re Johnson, 172 Misc. 2d 684 (N.Y. Sup. Ct. 1997). · cites it 2× “These statutes provided that actions to annul marriages could only be brought in accordance with the codes regulating civil procedure (see, Domestic Relations Law § 7 [former (5)]).”
Travis A. v. Vilma B., 197 A.D.3d 1401 (N.Y. App. Div. 3d Dep't 2021). “[FN1] Where the consent of either spouse to a marriage was obtained by fraud, the marriage is voidable by way of an annulment action ( see Domestic Relations Law §§ 7 [4]; 140 [e]; Kober v Kober , 16 NY2d 191, 196 [1965]).”
In re Hua Wang, 20 Misc. 3d 691 (N.Y. Sur. Ct. 2008). “2 or alter Domestic Relations Law § 7, which makes a voidable marriage void from the time its nullity is declared, rather than from the time of the marriage.”
Levine v. Dumbra, 198 A.D.2d 477 (N.Y. App. Div. 2d Dep't 1993). “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,…”
Anonymous v. Anonymous, 253 A.D.2d 696 (N.Y. App. Div. 1st Dep't 1998). · cites it 2× “Concerning the cause of action for annulment, the complaint sets forth facts sufficient to give defendant notice of the behavior claimed to constitute incurable mental illness under Domestic Relations Law § 7 (5) and § 140 (i), and there is no merit to defendant’s claim that…”
Catholic Child Care Soc'y of Diocese v. Evelyn F., 128 Misc. 2d 1023 (N.Y.C. Fam. Ct. 1985). “Domestic Relations Law § 7 [5].) In doing so, Justice Meyer stated (p 261): “further, since the opening sentence of [the statute] simply states the minimum required before judgment can be entered, it does not limit the number of examinations.”
Claim of McGeever v. State Ins. Fund, 133 A.D.2d 897 (N.Y. App. Div. 3d Dep't 1987). · cites it 2× “It is provided by statute that the allegations set forth by claimant and the proof in the record of fraud and impotency are factors which render a marriage voidable, not void (Domestic Relations Law § 7 [3], [4]). "Voidable marriages are invalid only from the time their…”
In re the Est. of Kaminester, 26 Misc. 3d 227 (N.Y. Sur. Ct. 2009). · cites it 4× “29 (d) and Domestic Relations Law § 7 (2), which apparently permits an article 81 court to revoke the marriage of an incapacitated person; and (2) the authority of an article 81 court to do so posthumously.”
Murray v. Murray, 271 A.D.2d 587 (N.Y. App. Div. 2d Dep't 2000). “Domestic Relations Law § 7 (4) provides that a marriage is void if consent to such marriage was procured by fraud.”
Show all 14 citing cases →
N.Y. Domestic Relations Law § 7(4): 1 case
Cunningham v. Cunningham, 225 A.D.3d 584 (N.Y. App. Div. 2d Dep't 2024).
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