Void Marriages

Void Marriages
Actions to declare the validity or nullity of a marriage

By J. Douglas Barics
Nassau and Suffolk Matrimonial Attorney

When there is a question if a marriage is valid or not, an action for a declaratory judgment to have the court make this determination may be brought. These are defined as a matrimonial action under DRL 236B(2) and are called "An action to declare the nullity of a void marriage" or "An action to declare the validity of a marriage"

What are the Residency Requirements?

As these matters are matrimonial actions, the residency requirement of DRL 230 must be met.

What are the Grounds to obtain a Declaration of a Void Marriage?

The grounds for a declaration of a void marriage are as follows:

Former spouse still living
The marriage is incestuous
The marriage was not properly solemnized

What is the Difference Between a Void Marriage and a Voidable Marriage?

A voidable marriage is an otherwise valid marriage that can be retroactively voided by a judgment. If neither party brings an action to have the marriage annulled, the marriage remains in place.

A void marriage is a marriage that never existed. No judgment is required, its simply void. However a judgment will act as proof the marriage is void.

Is Ancillary Relief Available in an Action to Declare the Nullity of a Void Marriage?

All ancillary relief is available in an action to declare the nullity of a void marriage. While it may seem counter-intuitive at first, there is a sound basis for the court to have authority to grant this relief. An innocent spouse, who either does not know their spouse was previously married and not divorced, or someone who in good faith believes they are free to marry but are not, will not be deprived of their share of the marital estate and related relief.

These actions are specifically defined as matrimonial actions under DRL 236B(2) and controlling case law has long established this relief is available.

Call for a Free Phone Consultation or to Schedule a Low Cost Office Consultation

If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any matrimonial action. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.

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For a free phone case consultation or to schedule an office meeting, call 631-864-2600.

Overview

Matrimonial actions are defined by statute; the most common being divorce, annulment, and a declaration of a void marriage. For every matrimonial action all ancillary relief is available.

Divorce

Divorce is the most common matrimonial action. Grounds are no longer the primary focus, the emphasis is resolving the financial matters and custody.

Annulments

An annulment is a matrimonial action seeking to declare a valid marriage void. All ancillary relief is available. All annulment grounds are fault based, and require a higher level of proof to establish.

Void Marriages

Void marriages are those which are void from inception. An action requesting a declaratory judgment is a matrimonial action and all ancillary relief is available.

Matrimonial Appeals

Matrimonial appeals requires a combination of matrimonial law and appellate law. A lack of understanding of either can prove fatal in an appeal.

Equitable Distribution

Equitable distribution authorizes the matrimonial court to award all marital property to either spouse, without regard to title.

Maintenance

Maintenance is the support payments from one spouse to another. Since 2016 the amount is determined by a formula.

Child Support

Parents have an obligation to support their children, and the parent with residential custody will be awarded child support. The amount of support is determined by a formula.

Custody

When parents cannot decide where their children shall live and how to make decisions involving them, the court will decide custody based on the bests interests of the child.

Counsel Fees

Awards of counsel fees to the non monied spouse is available in all matrimonial actions. Awards can be made during the case and at the conclusion.

Expert Fees

Awards of expert fees to the non monied spouse is available in all matrimonial actions.

Exclusive Occupancy

The court is authorized to award exclusive occupancy to one party, giving them exclusive use and possession of a home for a set period of time during or after a matrimonial action.

Pendente Lite Motions

Pendente lite motions used when a spouse in a matrimonial action needs needs immediate court assistance on something that cannot wait until trial or a final settlement.

Same Sex Divorce

Same sex divorces present unique issues such as when the couple got married before it was recognized by law, or when couples used work arounds for their marital property.

Modification of Child Support

Child support may be modified based on a change of income, a change of circumstances, or if three years have passed since the last modification. COLA adjustments to child support orders can also be obtained.

Modification of Maintenance

Maintenance is subject to modification or early termination but the circumstances when these can occur are less common than in the past.

High Net Worth Divorce

High net worth divorces often involve non typical financial holdings that require special care in determining their disposition.

Marital Agreements

Marital agreements are contractual agreements between future, existing, or prior spouses who decide to resolve their own issues instead of letting a court decide for them.

Complex Challenges

Complex challenges in matrimonial actions can range from complex financial issues, inter-state or international issues, or procedural issues which deprived one spouse from their day in court.