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Nullity of Marriage

A Nullity of Marriage action is an action by one spouse to deem the marriage an unlawful marriage that is either void or voidable because of conditions that existed at that time of marriage. For example, a bigamous or incestuous marriage is void and as such, there is no need to bring a suit to obtain an order declaring such marriage void. However, such an order is needed to deem a marriage voidable. Marriages which are entered into by virtue of fraud and duress, and those in which one spouse was sexually impotent at the time the marriage was entered into unbeknownst to the other spouse are examples of marriages that will support an order establishing a marriage as voidable. A decree of a nullity of marriage means that the parties were never married and therefore, will not have any obligations to each other under the law.


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