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Annulment Attorney in Long Island

Nassau County Annulment Filings

Nassau County matrimonial cases, including annulment proceedings, are handled through the Nassau County Supreme Court Matrimonial Center in Mineola. Depending on the issues involved, a matter may be assigned to a Justice, a Judicial Hearing Officer, or a Special Referee.

The Nassau County Clerk processes index-number applications and records matrimonial judgments. For someone seeking an annulment, these functions are part of commencing the action and creating the official record of any resulting judgment.

To discuss whether annulment is the right legal path, call (516) 212-9211 to schedule a consultation.

Over 25 Years of Matrimonial Litigation Experience, Serving Long Island

An annulment is a separate legal proceeding that declares a marriage null and void from its inception, as though it never legally existed. It isn’t simply a faster version of divorce. New York Domestic Relations Law Article 9 governs these actions, and the specific facts behind the marriage determine whether annulment or divorce is the appropriate legal path.

At Rosenberg Family Law PC, we handle annulment cases for clients throughout Long Island and the New York City metropolitan area. Founding attorney Lee Rosenberg brings over 25 years of matrimonial litigation and appellate experience to these proceedings.

If you’re considering an annulment in Nassau County, Suffolk County, or the surrounding area, contact our firm to schedule a consultation at (516) 212-9211.

Annulment vs. Divorce Under New York Law

New York law distinguishes between void and voidable marriages. A void marriage is invalid from its inception, while a voidable marriage remains legally valid unless and until a court annuls it. A judgment of nullity formally documents the marriage’s invalidity and establishes a legal record of that determination.

A no-fault divorce doesn’t require the statutory ground necessary for an annulment. General dissatisfaction, incompatibility, or the short duration of a marriage isn’t enough. We evaluate the circumstances at the time of consent, relevant conduct after the marriage, and the available evidence to determine whether the facts support annulment or point toward divorce.

Grounds for Annulment Under New York Law

New York Domestic Relations Law Article 9 identifies the circumstances in which a court can declare a marriage void or annul a voidable marriage. Each ground has its own eligibility rules, proof requirements, and timing considerations.

Recognized grounds include:

Former Spouse Living: One party had a prior spouse who was still living and the earlier marriage remained in force.
Underage Consent: A party had not reached the legal age of consent when the marriage occurred. This ground isn’t available to a party who was legally of age at the time, and freely cohabiting after reaching legal age can prevent an annulment on this basis.
Developmental Disability or Mental Illness: A party was unable to provide legally effective consent because of a developmental disability or mental illness.
Physical Incapacity: A party had a continuing and incurable physical incapacity to enter into the marriage state. An action on this ground must begin before five years have expired since the marriage.
Force or Duress: A party’s consent was obtained through force or duress. Voluntary cohabitation after the force or duress ends bars an annulment on this ground.
Fraud or Misrepresentation: Consent was obtained through fraud that goes to the essence of the marriage contract, such as concealing an inability or intent never to have children (DRL Section 140(e)). The applicable civil limitations period and whether the spouses voluntarily cohabited after discovering the fraud require close factual review.
Incurable Mental Illness: A party has experienced incurable mental illness for five years or more.

Timing doesn’t follow one universal annulment deadline. We compare the asserted ground, the dates of relevant events, and the parties’ conduct after those events when evaluating whether a claim remains available.

Long Island Annulment Trial & Appellate Experience

Annulment proceedings are fact-intensive. A contested case can involve documentary evidence, witness preparation, legal briefing, and disputes over what occurred before or during the marriage. Lee Rosenberg’s published articles on matrimonial law have been cited by New York State appellate and trial courts and by the New York State Law Revision Commission.

Lee Rosenberg is AV Preeminent Peer Review Rated by Martindale-Hubbell and holds Fellowships in both the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers. His American Academy Fellowship is a distinction held by a small percentage of family law attorneys nationally. He has been selected as a New York Super Lawyer in family law every year since 2007 and was named Best Lawyers Lawyer of the Year in Family Law, Long Island, in both 2022 and 2026. He is also recognized as one of the Ten Leaders in Matrimonial and Divorce Law on Long Island, and our firm is included in the Bar Registry of Pre-eminent Lawyers in Family Law.

Our team handles trial and appellate family law matters, including contested proceedings in which a court must resolve disputed facts. Throughout the case, our attorneys remain accessible and personally engaged so clients understand the legal ground being asserted and the issues the court will need to decide.

Discuss Your Annulment with Our Long Island Attorneys

Whether you’re in Nassau County, Suffolk County, or elsewhere in the New York City metropolitan area, we can evaluate your situation and advise whether annulment or divorce better serves your interests. Schedule a consultation with Rosenberg Family Law PC by calling (516) 212-9211 or using our online contact form to schedule a consultation.

How the Annulment Process Works in New York

An annulment action begins with a summons and complaint filed with the County Clerk to obtain a Supreme Court index number. The complaint identifies the statutory ground on which the party seeks a judgment of nullity or annulment. The other spouse must then be served in accordance with New York’s service-of-process rules.

The next stage depends on the response and whether the parties dispute the facts supporting the asserted ground. Evidence can include records, communications, medical documentation, and testimony from people with direct knowledge of relevant events. In a contested annulment, the court may need to resolve those disputes through a hearing or trial in New York Supreme Court.

Our role includes identifying the applicable ground, examining whether timing or post-marriage conduct affects the claim, and preparing the evidence for presentation. Because annulment is determined under a statutory framework, the court’s analysis extends beyond whether both spouses want the marriage annulled.

Property, Support & Children After an Annulment

Questions about property, financial support, and children require separate legal analysis alongside an annulment claim. The facts surrounding the marriage, the family’s finances, and the circumstances of any children determine which issues need to be presented to the court. Because the marriage is treated as if it never existed, courts may apply equitable doctrines to prevent unjust enrichment rather than the standard equitable distribution analysis used in divorce.

We review how property was acquired and titled, the parties’ financial circumstances, and whether a request involving spousal maintenance or counsel fees needs to be addressed. The availability and treatment of those issues depend on the governing law and the facts of the individual case.

An annulment doesn’t remove the need to address parenting and financial responsibilities involving children. Questions concerning custody and child support require attention to the children’s circumstances and the applicable family law standards. We identify these related issues during the initial evaluation rather than treating the annulment ground as the only concern.

Civil Annulment vs. Religious Annulment

A civil annulment is a legal determination made by a New York court. It establishes civil marital status but doesn’t determine a person’s standing within a church, denomination, or other religious institution.

A religious annulment is handled through the relevant faith-based process and doesn’t change legal marital status under New York law. Someone who needs both forms of annulment must address them separately because the civil court and religious institution perform different functions.

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