NY Dom Rel L § 140 (2021)
2021 New York Laws DOM - Domestic Relations Article 9 - Action to Annul a Marriage or Declare It Void 140 - Action for Judgment Declaring Nullity of Void Marriages or Annulling Voidable Marriage.

§  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.