Annulments Complex Issues. Dedicated Attorneys. Proven Success.

Annulment Attorney in Long Island

Over 25 Years of Matrimonial Litigation Experience, Serving Long Island

An annulment isn’t a faster version of divorce. It’s a separate legal proceeding that declares a marriage null and void from its inception, as though it never legally existed. New York annulment law is governed by Article 9 of the Domestic Relations Law, and cases are filed in New York State Supreme Court, the same court that handles divorces. The grounds are statutory, the evidentiary standard is demanding, and the process requires an attorney who knows how to build a case, not just file paperwork.

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, including a Fellowship in the American Academy of Matrimonial Lawyers, 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.

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

Annulment vs. Divorce: A Meaningful Legal Distinction

New York law recognizes two categories of invalid marriages. A void marriage, such as one involving bigamy or incest under Domestic Relations Law Sections 5 and 6, is invalid from its inception regardless of a court order, though a formal judgment of nullity provides the legal proof most situations require. A voidable marriage is legally valid unless and until a court annuls it through a formal proceeding under DRL Section 140.

Unlike a no-fault divorce, an annulment requires proving one of the specific statutory grounds listed in DRL Section 140. General dissatisfaction with the marriage isn’t sufficient. The evidentiary burden is higher, and New York courts require independent corroboration beyond the petitioner’s own testimony. People pursue annulment for different reasons: fraud or duress was present in the marriage, the facts fit one of the statutory grounds, or the circumstances call for formal legal erasure rather than dissolution. Whatever the reason, the legal path is more demanding than divorce.

Grounds for Annulment Under New York Law

New York’s statutory grounds for annulment are exclusive. Courts won’t grant an annulment outside these categories, and each ground carries its own standing requirements, timing rules, and evidentiary burdens.

The recognized grounds under DRL Section 140 and Section 141 include:

Bigamy: One spouse was already legally married at the time of the ceremony. This renders the marriage void, not merely voidable.
Underage marriage: One or both parties had not reached the age of legal consent at the time of the marriage (DRL Section 140(b)).
Lack of mental capacity: One party was unable to consent due to a developmental disability or mental illness at the time of the marriage (DRL Section 140(c)).
Physical incapacity: One party was incurably physically incapable of entering into the marriage state. This ground must be filed within five years of the marriage (DRL Section 140(d)).
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)).
Force or duress: Consent was obtained through force or duress. There is no statutory time limit on this ground, though voluntary cohabitation before the action is commenced may bar the claim (DRL Section 140(e)).
Incurable mental illness: One party has been incurably mentally ill for five or more years (DRL Section 141).

Time limits vary by ground. Whether a filing is timely depends on which ground applies and the specific facts of the marriage, not any general rule about annulment deadlines.

Why Long Island Clients Work with Rosenberg Family Law PC

Annulment cases are more fact-sensitive than divorce proceedings. They require evidence-gathering, witness preparation, and courtroom advocacy, not just procedural filing. 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, reflecting the kind of analytical rigor that contested annulment proceedings demand.

He also holds a Fellowship in the International Academy of Family Lawyers, a credential reserved for practitioners recognized for excellence at an international level, and is recognized as one of the Ten Leaders in Matrimonial and Divorce Law on Long Island. Our team handles both trial and appellate matters, which matters when an annulment is contested. Throughout the process, our attorneys remain accessible and personally engaged with each client.

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. Call Rosenberg Family Law PC at (516) 212-9211 or reach us through our online contact form to schedule a consultation.

How the Annulment Process Works in New York

An annulment proceeding begins with a summons and complaint filed with the County Clerk to obtain an index number, followed by service on the other spouse under New York’s service of process rules. The complaint must identify the specific statutory ground being asserted. From there, the case differs fundamentally from an uncontested divorce: a judge must hold a formal hearing and find that the stated ground has been proven. Courts don’t provide self-help forms for annulments, and attempting the process without legal representation can substantially increase the risk of denial.

Corroboration is required by law. The petitioner’s own testimony isn’t enough; independent evidence such as witness testimony, financial records, or medical documentation must support the claimed ground. If the other spouse contests the annulment, the matter proceeds to trial in New York Supreme Court.

Property, Support, & Children After an Annulment

A common misconception is that annulment eliminates the right to seek property division or spousal maintenance. Under DRL Section 236B, an annulment is a matrimonial action, which means equitable distribution of marital property, spousal maintenance, and counsel fee awards may all be available as ancillary relief. What changes is the analytical framework. 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.

Children born during a marriage that is later annulled remain legally legitimate under New York law. Courts retain full authority to address custody and child support in the same or concurrent proceedings. How ancillary matters resolve depends on timing, asset acquisition, and the specific facts of each case.

Civil Annulment vs. Religious Annulment

A civil annulment granted by a New York court is a legal determination only. It has no effect on a person’s standing within any religious institution and doesn’t constitute a religious annulment. For individuals whose faith requires a separate religious annulment before remarrying within their church or denomination, that process runs through the relevant religious institution, entirely apart from the civil proceeding. A religious annulment, in turn, has no legal effect on marital status under New York law. The two processes are independent of each other.

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