MANHATTAN, NY – Non-consummation of a marriage does not automatically entitle a spouse to an annulment under New York law, and the legal requirements for obtaining one are narrower than many people realize. Manhattan annulment attorney Juan Luciano of Juan Luciano Divorce Lawyer (https://divorcelawfirmnyc.com/am-i-entitled-to-an-annulment-in-new-york-if-my-marriage-has-not-been-consummated/) clarifies the specific grounds and filing requirements that apply to non-consummation annulment cases in New York.
According to Manhattan annulment attorney Juan Luciano, New York Domestic Relations Law Section 140(d) permits annulment based on non-consummation only when one spouse has an incurable physical incapacity that prevents the marriage from being consummated. The condition must have existed at the time of the marriage and must have been unknown to the spouse seeking the annulment. “Understanding the distinction between a voidable marriage and a void marriage is essential for anyone considering this legal path,” explains Luciano. “An annulment declares the marriage invalid from its inception, which carries different legal consequences than a divorce.”
Manhattan annulment attorney Juan Luciano notes that the statute imposes a strict five-year filing deadline from the date of the marriage. Medical evidence from qualified physicians confirming the existence, nature, and incurability of the physical condition is generally required for the court to grant the annulment. Individuals who were aware of the condition before the wedding or who continued cohabitating after discovering it may face challenges in obtaining relief.
Attorney Luciano emphasizes that the legal distinction between impotence and infertility is critical in these cases. Impotence, which refers to the physical inability to consummate a marriage, may serve as a valid ground for annulment under DRL Section 140(d). Infertility, meaning the inability to conceive children, does not qualify. “A spouse who is unable to have children but is otherwise physically capable does not meet the statutory requirements for a non-consummation annulment,” he adds.
Luciano also addresses situations where a spouse is physically capable of consummating the marriage but simply refuses to do so. A refusal alone does not satisfy the physical incapacity requirement under the statute. However, individuals in this situation may have grounds for an annulment based on fraud under DRL Section 140(e) if the refusing spouse deliberately misrepresented their intentions before the marriage and that misrepresentation went to the essence of the marital relationship.
The firm notes that even when an annulment is granted, it does not eliminate all legal obligations between the former spouses. New York courts retain authority to address child custody, visitation, child support, property division, and spousal maintenance under DRL Section 236(B). Children born during an annulled marriage remain legitimate under state law. “Many individuals are surprised to learn that equitable distribution principles can still apply even though the marriage is treated as though it never existed,” observes Attorney Luciano.
Unlike uncontested divorce proceedings, annulment cases in New York do not have standardized court forms. The filing spouse must prepare and submit a Summons and Verified Complaint with the Supreme Court in the appropriate county. Gathering sufficient medical documentation, establishing that the condition was unknown prior to the marriage, and meeting the five-year deadline all require careful legal preparation.
For those considering whether annulment or divorce is the appropriate legal option, consulting with an experienced family law attorney may help clarify the available paths under New York law.
About Juan Luciano Divorce Lawyer:
Juan Luciano Divorce Lawyer is a Manhattan-based family law firm focused on annulment cases, contested and uncontested divorces, custody disputes, and related family law matters. Led by attorney Juan Luciano, who has practiced family law for nearly 20 years, the firm serves individuals and families across Manhattan, New York City, and the surrounding areas from offices in Midtown Manhattan and the Bronx. For consultations, call (212) 537-5859.
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