Complaint for Annulment — Fraud (No Minor Children) - New York
COMPLAINT FOR ANNULMENT
Before filing: This complaint addresses fraud under N.Y. Domestic Relations Law §§ 7(4) and 140(e), for a marriage without minor children. Section 140(e) ties the filing period to the applicable civil remedy limitation; confirm the deadline from the facts and current CPLR before filing. Serve the summons and complaint with the automatic orders required by DRL § 236(B)(2)(b). Provide the notice about possible loss of coverage under the other party's health insurance plan; DRL § 255(1) requires the court to ensure both parties receive notice before judgment and treats service of that notice with the summons as sufficient for a defaulting defendant. Check the court's current instructions for a guideline maintenance notice, especially if either party is unrepresented; DRL § 236(B)(6)(g) requires the court to inform an unrepresented party of the guideline obligation before entering a maintenance order. If a person described in DRL § 11(1) solemnized the marriage, complete the § 253 allegation below and file and serve the separate sworn statement required before judgment under § 253(3).
| Court | Case |
|---|---|
| Supreme Court of the State of New York | County of [________________] |
| [PLAINTIFF FULL NAME], Plaintiff | Index No. [________________] |
| v. | |
| [DEFENDANT FULL NAME], Defendant |
Plaintiff [PLAINTIFF FULL NAME] alleges:
1. Parties and residence
- Plaintiff resides at [ADDRESS OR CONFIDENTIAL FILING REFERENCE]. Defendant resides at [ADDRESS OR LAST KNOWN ADDRESS].
- This action meets N.Y. Domestic Relations Law § 230 through the following true ground. Keep one and complete its dates and facts:
☐ The parties married in New York, and [Plaintiff / Defendant] has continuously resided in New York for the year immediately preceding this action and resides here now.
☐ The parties lived together as spouses in New York, and [Plaintiff / Defendant] has continuously resided here for the year immediately preceding this action and resides here now.
☐ The cause arose in New York, and [Plaintiff / Defendant] has continuously resided here for at least the year immediately preceding this action.
☐ The cause arose in New York, and both parties reside here when this action begins.
☐ [Plaintiff / Defendant] has continuously resided in New York for at least two years immediately preceding this action.
- Dates and facts supporting the selected ground: [________________________________].
2. Marriage and fraud
- The parties married on [DATE] in [PLACE]. They have no minor children together.
- Before the marriage, Defendant represented [SPECIFIC REPRESENTATION] to Plaintiff on [DATE OR PERIOD]. The representation was false because [FACTS]. Defendant knew [FACTS SHOWING KNOWLEDGE, IF KNOWN].
- Plaintiff relied on the representation in agreeing to marry because [FACTS]. Without it, Plaintiff would not have consented. Plaintiff learned the truth on [DATE].
- Since learning the facts constituting the fraud, Plaintiff has not voluntarily cohabited with Defendant as a spouse. The action was commenced on [DATE].
3. Barriers to remarriage
- Select and complete the true statement: [The marriage was not solemnized by a person described in N.Y. Domestic Relations Law § 11(1), so § 253 does not apply / The marriage was solemnized by [PERSON AND CAPACITY] under § 11(1), and, to the best of Plaintiff's knowledge, Plaintiff has taken or will take before final judgment all steps solely within Plaintiff's power to remove any barrier to Defendant's remarriage following annulment / The marriage was solemnized by [PERSON AND CAPACITY] under § 11(1), and Defendant has waived the requirements of § 253(2) in writing; the waiver is [ATTACHED / IDENTIFIED]]. If § 253 applies, Plaintiff will file and serve the sworn statement required by § 253(3) before judgment.
4. Relief requested
- Under N.Y. Domestic Relations Law §§ 7(4) and 140(e), Plaintiff requests a judgment annulling the parties' marriage on the ground of fraud.
- Plaintiff also requests [IDENTIFY SPECIFIC ADDITIONAL RELIEF AND ITS LEGAL BASIS, OR WRITE “NONE”].
WHEREFORE, Plaintiff asks the Court to enter a judgment annulling the marriage after proof, grant the specifically requested additional relief if supported, and award such other relief as the Court determines proper.
Date: [__/__/____]
Plaintiff or counsel signature: ________________________________
Printed name: [________________________________]
Address for service: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Attorney registration number, if represented: [________________]
Verification
I, [PLAINTIFF FULL NAME], have read this complaint. I affirm this [____] day of [________________], [____], under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true to my knowledge, except as to matters alleged on information and belief, and as to those matters I believe it to be true. I understand that this document may be filed in an action or proceeding in a court of law. N.Y. CPLR 3020(a), 2106(a).
Plaintiff signature: ________________________________
Date: [__/__/____]
About this template
- Last updated
- October 25, 2026
- Jurisdiction
- New York
- Category
- Family Law
Legal authority
- N.Y. Domestic Relations Law § 7(4)
- N.Y. Domestic Relations Law § 140(e)
- N.Y. Domestic Relations Law § 230
- N.Y. CPLR 3020(a)
- N.Y. CPLR 2106(a)
- N.Y. Domestic Relations Law § 253(1)-(3)
- N.Y. Domestic Relations Law § 236(B)(2)(b)
- N.Y. Domestic Relations Law § 236(B)(6)(g)
- N.Y. Domestic Relations Law § 255(1)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
N.Y. Domestic Relations Law § 236(B)(2)(b) (checked October 25, 2026): "the plaintiff shall cause to be served upon the defendant, simultaneous with the service of the summons, a copy of the automatic orders set forth in this paragraph."
N.Y. Domestic Relations Law § 255(1) (checked October 25, 2026): "Both parties have been notified, at such time and by such means as the court shall determine, that once the judgment is signed, a party thereto may or may not be eligible to be covered under the other party's health insurance plan"
N.Y. Domestic Relations Law § 236(B)(6)(g) (checked October 25, 2026): "Where either or both parties are unrepresented, the court shall not enter a maintenance order or judgment unless the court informs the unrepresented party or parties of the post-divorce maintenance guideline obligation."
N.Y. Domestic Relations Law § 7(4) (checked October 15, 2026): "Consent to such marriage by reason of force, duress or fraud"
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