Void Marriage - New York Law

New York Law

Under the Domestic Relations Law of New York state, all incestuous marriages are void, but this does not include cousin marriages of any degree:

§ 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:

1. An ancestor and a descendant;

2. A brother and sister of either the whole or the half blood;

3. An uncle and niece or an aunt and nephew.

If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void...|N.Y. D.R.L., §5, found at

§ 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. (This is regarding annulment of a voidable marriage.)| N.Y. D.R.L., §6, found at