Full question:
My son married his girlfriend because she was pregnant with his child. 15 days after the marriage, he came to know the child was not his, can he annul the marriage?
- Category: Marriage
- Date:
- State: New York
Answer:
In New York, the court can annul a marriage if one party can prove that the other party obtained their consent to the marriage by fraud or misleading information. The law is stated in N.Y. Dom. Rel. Law § 7 that reads:“A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto:
1. Is under the age of legal consent, which is eighteen years, provided that such nonage shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court which shall take into consideration all the facts and circumstances surrounding such marriage;
2. Is incapable of consenting to a marriage for want of understanding;
3. Is incapable of entering into the married state from physical cause;
4. Consent to such marriage by reason of force, duress or fraud;
5. Has been incurably mentally ill for a period of five years or more.”
1. Is under the age of legal consent, which is eighteen years, provided that such nonage shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court which shall take into consideration all the facts and circumstances surrounding such marriage;
2. Is incapable of consenting to a marriage for want of understanding;
3. Is incapable of entering into the married state from physical cause;
4. Consent to such marriage by reason of force, duress or fraud;
5. Has been incurably mentally ill for a period of five years or more.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
