Void Marriages
Suffolk County Divorce Attorney and Void Marriages
By J. Douglas Barics
A void marriage is one that is void from the inception and can never be valid. It does not need to be dissolved as it was never a marriage. However a judgment can still be obtained for proof that the marriage is void.
Despite the marriage being void, all economic relief is available to both spouses and the court has full authority to award marital property, maintenance, counsel fees and all other relief under DRL 236B.
It is the act of getting married, not the validity of the marriage, that gives the court the authority to act.
At the Law Office of J. Douglas Barics, we have experience with void marriages and can assist you in a matrimonial action even if your marriage is void.
Do you need representation in a matrimonial action based upon the marriage being void from its start?
Contact us online or at (631) 864-2600.
Void Marriages and Marital Property
What you need to know about Void Marriages
What is an action to Declare the Nullity of a Void Marriage?
An action to declare the nullity of a void marriage is an action which seeks a declaration from the court that the marriage was invalid from the start. Since it is invalid, there is no need for this action, but the judgement acts as proof that the marriage is a nullity. Despite the marriage being void, all financial relief is available.
What are the Requirements to File an Action to Declare the Nullity of a Void Marriage?
- The residency requirements must be met
- The marriage must be a nullity from its start
What are the Reasons a Marriage is Void?
The basis 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.
What are the Residency Requirements?
As these matters are matrimonial actions, the residency requirement of DRL 230 must be met.
Contact Our Matrimonial Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any matrimonial action such as when a marriage is void, no matter how challenging or complex. With over 20 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.