Legal Separation and Annulment in New York
Whether New York offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Available. A separation action may be brought for cruel and inhuman treatment, abandonment, failure to support, adultery, imprisonment for three or more consecutive years, or an irretrievable breakdown of at least six months (stated under oath, with economic and custody issues resolved… N.Y. Domestic Relations Law §§ 200, 170
| Legal separation | Available. A separation action may be brought for cruel and inhuman treatment, abandonment, failure to support, adultery, imprisonment for three or more consecutive years, or an irretrievable breakdown of at least six months (stated under oath, with economic and custody issues resolved first). Living apart for six months or more under a separation judgment or written separation agreement can later be a ground for divorce. |
|---|---|
| Annulment | A marriage may be annulled (or declared void) because a spouse's prior marriage was still in force; a spouse was under the age of legal consent; a spouse had a mental illness or developmental disability; a spouse was incurably physically incapable of entering the marriage (filed within five years); consent was obtained by force, duress or fraud (barred if the spouses voluntarily lived together after learning the facts); or a spouse has been incurably mentally ill for five years or more. |
More New York divorce & family law
- Getting a Marriage License in New York
- Adopting a Child in New York
- Guardianship of a Child or Adult in New York
- Establishing Paternity in New York
- Changing Your Name in New York
- Child Custody Laws in New York
- How Child Support Is Calculated in New York
- Divorce Records in New York
- Alimony and Spousal Support in New York
- How to File for Divorce in New York
- All New York divorce & family law rules
FAQ
Can you get a legal separation in New York?
Available. A separation action may be brought for cruel and inhuman treatment, abandonment, failure to support, adultery, imprisonment for three or more consecutive years, or an irretrievable breakdown of at least six months (stated under oath, with economic and custody issues resolved first). Living apart for six months or more under a separation judgment or written separation agreement can later be a ground for divorce.
What are the grounds for annulment in New York?
A marriage may be annulled (or declared void) because a spouse's prior marriage was still in force; a spouse was under the age of legal consent; a spouse had a mental illness or developmental disability; a spouse was incurably physically incapable of entering the marriage (filed within five years); consent was obtained by force, duress or fraud (barred if the spouses voluntarily lived together after learning the facts); or a spouse has been incurably mentally ill for five years or more.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.