N.Y. Domestic Relations Law § 140: Action for judgment declaring nullity of void marriages or annulling voidable marriage

§ 140. Action for judgment declaring nullity of void marriages or

annulling voidable marriage. (a) Former husband or wife living. An

action to declare the nullity of a void marriage upon the ground that

the former husband or wife of one of the parties was living, the former

marriage being in force, may be maintained by either of the parties

during the life-time of the other, or by the former husband or wife.

(b) Party under age of consent. An action to annul a marriage on the

ground that one or both of the parties had not attained the age of legal

consent may be maintained by the infant, or by either parent of the

infant, or by the guardian of the infant's person; or the court may

allow the action to be maintained by any person as the next friend of

the infant. But a marriage shall not be annulled under this subdivision

at the suit of a party who was of the age of legal consent when it was

contracted, or by a party who for any time after he or she attained that

age freely cohabited with the other party as husband or wife.

(c) Party a person with a developmental illness or person with a

mental illness. An action to annul a marriage on the ground that one of

the parties thereto was a person with a developmental disability may be

maintained at any time during the life-time of either party by any

relative of a person with a developmental disability, who has an

interest to avoid the marriage. An action to annul a marriage on the

ground that one of the parties thereto was a person with a mental

illness may be maintained at any time during the continuance of the

mental illness, or, after the death of the person with a mental illness

in that condition, and during the life of the other party to the

marriage, by any relative of the person with a mental illness who has an

interest to avoid the marriage. Such an action may also be maintained by

the person with a mental illness at any time after restoration to a

sound mind; but in that case, the marriage should not be annulled if it

appears that the parties freely cohabited as husband and wife after the

person with a mental illness was restored to a sound mind. Where one of

the parties to a marriage was a person with a mental illness at the time

of the marriage, an action may also be maintained by the other party at

any time during the continuance of the mental illness, provided the

plaintiff did not know of the mental illness at the time of the

marriage. Where no relative of the person with a developmental

disability or person with a mental illness brings an action to annul the

marriage and the person with a mental illness is not restored to sound

mind, the court may allow an action for that purpose to be maintained at

any time during the life-time of both the parties to the marriage, by

any person as the next friend of the person with a mental illness or

person with a developmental disability.

(d) Physical incapacity. An action to annul a marriage on the ground

that one of the parties was physically incapable of entering into the

marriage state may be maintained by the injured party against the party

whose incapacity is alleged; or such an action may be maintained by the

party who was incapable against the other party, provided the incapable

party was unaware of the incapacity at the time of marriage, or if aware

of such incapacity, did not know it was incurable. Such an action can be

maintained only where an incapacity continues and is incurable, and must

be commenced before five years have expired since the marriage.

(e) Consent by force, duress or fraud. An action to annul a marriage

on the ground that the consent of one of the parties thereto was

obtained by force or duress may be maintained at any time by the party

whose consent was so obtained. An action to annul a marriage on the

ground that the consent of one of the parties thereto was obtained by

fraud may be maintained by the party whose consent was so obtained

within the limitations of time for enforcing a civil remedy of the civil

practice law and rules. Any such action may also be maintained during

the life-time of the other party by the parent, or the guardian of the

person of the party whose consent was so obtained, or by any relative of

that party who has an interest to avoid the marriage, provided that in

an action to annul a marriage on the ground of fraud the limitation

prescribed in the civil practice law and rules has not run. But a

marriage shall not be annulled on the ground of force or duress if it

appears that, at any time before the commencement of the action, the

parties thereto voluntarily cohabited as husband and wife; or on the

ground of fraud, if it appears that, at any time before the commencement

thereof, the parties voluntarily cohabited as husband and wife, with a

full knowledge of the facts constituting the fraud.

(f) Incurable mental illness for five years. An action to annul a

marriage upon the ground that one of the parties has been incurably

mentally ill for a period of five years or more may be maintained by or

on behalf of either of the parties to such marriage.