LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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(212) 370-1660

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Question #12

What is the time frame to have an annulment? 

To appropriately respond to your question, I must have additional information such as which State will have jurisdiction over this case, what are the grounds upon which you are seeking an annulment, etc. Under the New York Domestic Relations Law, section 140, an action for a judgment declaring the nullity of a void marriage or annulling a voidable marriage may be based upon the following grounds, each one having its own time frame in which to commence the action.

1) former husband or wife living
2) party under the age of consent
3) party a mentally disabled person or mentally ill
4) physical incapacity
5) consent by force, duress, or fraud
6) incurable mental illness for five years

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