Underage Marriage in NY

[mlc7493]

I have a friend who was married almost 3 years ago to a woman in NY who used her passport as identification. However, the date on her passport was not identical to her actual birthdate. Therefore making her only 17 at the time of marriage. According to NY law, as I understand it, any person(s) entering into marriage under the age of 18 must have written/verbal parental consent, which she did not obtain. My friend is now wanting out of the marriage and is living with her in another state, does this give him grounds for immediate annulment or some other option(s) without having to go through a messy divorce?

Thank you!

Caring Friend

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Sec. 6. Void marriages. A marriage is absolutely void if contracted
by a person whose husband or wife by a former marriage is living, unless
either:
1. Such former marriage has been annulled or has been dissolved for a
cause other than the adultery of such person; provided, that if such former
marriage has been dissolved for the cause of the adultery of such person,
he or she may marry again in the cases provided for in section eight of
this chapter and such subsequent marriage shall be valid;
3. Such former marriage has been dissolved pursuant to section seven-a
of this chapter.

Sec. 7. Voidable marriages. 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.


According to NY law, your friend is not automatically entitled to an annulment. He will need a divorce lawyer to help him. http://www.attorneypages.com. Either way, he would have had to go through the court process.