Void marriages are considered invalid from the beginning and are treated as if they never existed. This is because a void marriage in and of itself violates New York law. Due to their invalid nature, there are no measures needed to dissolve the marriage because there’s no marriage in the first place.

The grounds for void marriages in New York include:

• Bigamy: A marriage is considered void if one party was already legally married to another person at the time of the subsequent marriage. Marrying someone while being married to another individual is prohibited and renders the subsequent marriage void.
• Incestuous Marriage: Marriages between individuals who are closely related by blood, such as siblings or parents and children, are considered void. New York law prohibits such marriages, and if they occur, they are considered legally invalid. A marriage cannot take place between an ancestor and a descendant, siblings (regardless of whether they are full-blooded or half-siblings), and an aunt or uncle to a niece or nephew. This rule stands regardless of whether the persons involved are legitimate or illegitimate offspring.

While void marriages are automatically deemed invalid under the law, obtaining documentation to reflect the void status of the marriage may be necessary for various legal purposes, such as financial matters or future relationships. 

Voidable marriages are initially considered valid, but they can be legally challenged and declared null and void under certain circumstances.

Grounds for voidable marriages in New York include:

• Underage Marriage: Marriages involving individuals who are under the age of 18 without the consent of both parents or under the age of 16 without the consent of both parents and an order of approval from a judge are considered voidable in New York.
• Fraud: If one party deceived the other by providing false information or misrepresenting essential aspects of themselves or the marriage, it may be considered a ground for annulment. The fraud must be substantial and directly related to the marriage itself, such as lying about one’s identity, intentions, or important characteristics.
• Force or Duress: If one party was coerced or forced into the marriage against their will, it can be a ground for annulment. The coercion must be significant and sufficient to invalidate the voluntary consent of the party seeking the annulment.
• Mental Incapacity: If one or both parties lacked the mental capacity to understand the nature and consequences of the marriage at the time of the ceremony, it may be a ground for annulment. This could include situations where a party was under the influence of drugs or alcohol or suffered from a mental illness that impaired their ability to give informed consent.

It’s important to note that voidable marriages remain legally valid until a court declares them null and void through an annulment proceeding.
Annulment is a complex legal process and successfully obtaining an annulment requires meeting specific criteria. It is recommended to seek professional legal advice to navigate the intricacies of annulment in New York and understand the implications associated with pursuing an annulment based on the type of case and the grounds involved.

A legal annulment is a civil court action that nullifies a marriage in the eyes of the law. Religious annulment, on the other hand, is a declaration by a religious authority, such as the Catholic Church, that a marriage is not valid in the eyes of their faith.

While a legal annulment can impact property division, child custody, and other rights, a religious annulment has no legal effect on these matters. Some individuals may seek a religious annulment in order to remarry within their faith or to have their marriage recognized as valid by their religious community.

It is important to understand that a legal annulment does not automatically result in a religious annulment, and vice versa. Individuals seeking both types of annulments may need to navigate separate processes to achieve their desired outcome.