What is the difference between void and voidable marriage?
2007-12-04 06:50:21 · 4 answers · asked by queenice1972 1 in Politics & Government ➔ Law & Ethics
A void marriage would be one where one party or the other misrepresented themselves to the state in get the marriage license (I pretend to be Britney Spears and apply for a marriage license, or I say that I am divorced when I am, in fact, still married). A marriage that is an violation of any statutory limitation is void (like a gay marriage in Ohio). It's as if that marriage never existed.
A voidable marriage would be one where I misrepresent myself to the party that I am marrying - I fail to disclose that I used to be a man, or something else of the magnitude that would make it doubtful that the other party would have entered the marriage. In that case, the innocent party has the option to void the marriage.
2007-12-04 06:59:56 · answer #1 · answered by browneyedgirl623 5 · 0⤊ 0⤋
1
2016-04-16 18:49:46 · answer #2 · answered by ? 3 · 0⤊ 0⤋
A void marriage is one that, legally, never took place. For example if I marry you the marriage is void because I'm already married.
A voidable marriage is one that is legal but where one party could ask a judge to annul it on legal grounds - for example in most places, a marriage isn't fully legal until it's been consummated (ie the two people have had sex) So if you're married but haven't had sex yet, your marriage is voidable because you can go to a judge and have it annulled.
Richard
2007-12-04 06:58:57 · answer #3 · answered by rickinnocal 7 · 1⤊ 0⤋
That depends on what state you're living in. In most places, there is an annulment clause. I'd definitely look into it.
2016-03-14 04:45:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋