You may hear people talk about annulment and divorce as if they work the same way. They both end a marriage, but New York handles them very differently. You can choose the right path when you know what each one requires.
Grounds that support annulment
Annulment treats a marriage as if it did not count. New York limits annulment to specific situations. You may seek annulment if fraud influenced the marriage, if one spouse lacked mental capacity, or if one spouse could not consent due to age. You may also pursue it if a spouse still had a living husband or wife at the time of the ceremony. These situations differ from divorce because they challenge the marriage itself rather than the conduct during it.
Grounds that support divorce
Divorce ends a valid marriage. New York offers both fault and no‑fault options. Most people choose no‑fault divorce, which requires proof that the marriage broke down for at least six months. Fault‑based divorce may involve claims such as cruel treatment or abandonment. Divorce focuses on the relationship rather than the formation of the marriage.
How each process affects property and support
Annulment treats the marriage as void or voidable, but you still address property and financial issues. A court may divide assets and decide support based on fairness. Divorce also involves asset division and support decisions. Both processes look at the same factors, but annulment changes how you view the history of the marriage. Divorce treats the relationship as valid, which affects how long the marriage lasted for support calculations.
Annulment ends the legal marriage as though it had not ever existed, which may help in cases that involve fraud or lack of consent. Divorce ends a legal marriage and sets the terms for property, support, and parenting schedules. You choose the option that fits your situation and meets New York’s legal rules.