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.