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N.Y. Dom. Rel. Law § 144

Proof required

Applied in 2 court decisions — leading case Travis A. v. Vilma B. (2021)

Most recently applied in Travis A. v. Vilma B. (September 2021)

2014-09-22

§ 144. Proof required. 1. In an action to annul a marriage, a final\njudgment annulling the marriage shall not be rendered by default for\nwant of an appearance or pleading, or by consent, or upon a trial of an\nissue, without proof of the facts upon which the allegation of nullity\nis founded. Plaintiff shall prove that there has been no such\ncohabitation between the parties as would bar a judgment except that in\nan action under subdivision (c) of section one hundred forty the\nplaintiff may prove instead that the mental illness still continues.\n 2. In any action, whether or not contested, brought to annul a\nmarriage, the declaration or confession of either party to the marriage\nis not alone sufficient as proof, but other satisfactory evidence of the\nfacts must be produced.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.