2023 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.