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What’s The Difference Between A “Void” Marriage And “Voidable” Marriage?

For the purposes of annulment in New York, there are two types of qualifying marriages. A void marriage is one that was never legitimate in the first place, such as a marriage entered into between persons who share too much of a blood relationship, such as siblings and some other relatives.

Another form of void marriage would be when one of the spouses is still married to a living spouse and not legally able to remarry, or when a marriage was performed by a person not authorized to solemnize marriage unions.

Void marriages are considered void from the date marriage, that is, legally, a void marriage never existed. Voidable marriages are void from the date of judgement.

Voidable marriages are those that are entered into under duress, where one party had not attained the age of consent at the time of the marriage, or in cases where certain incurable mental or physical conditions have the effect of rendering the marriage null.

Annulments have many of the same features as divorce, but are not always granted by the courts. If you are considering annulling your marriage, call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 for a free consultation.