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- New York Matrimonial Actions Statutes of Limitations -


Nature of Action

Statute of Limitations

Annulment based on Fraud:

3 yrs. after discovery

Annulment based on Physical Incapacity:

within 5 yrs. of marriage

Annulment based on Non-Age:

6 years

Annulment based on force or Duress:

6 years

Annulment based on Retardation or Mental Illness:

6 years

Declaration of Nullity of Void Marriage based on Bigamy:

any time during the lifetime of the parties

Declaration of Nullity of Void Marriage based on Incest:

any time during the lifetime of the parties

Divorce based on Cruel & Inhuman Treatment:

5 years

Divorce based on Adultery:

5 years from discovery

Divorce based on Abandonment:

None

Divorce based on Imprisonment:

5 years

Separation based on Cruel & Inhuman Treatment:

5 years

Separation based on Adultery:

5 years after discovery

Separation based on Abandonment:

None

Separation based on Imprisonment:

5 years

Separation based on Non-Support:

None

-- Law Office of Joel R. Brandes, P.C.


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