What is a voidable marriage?

Is a marriage really a marriage?  No, and if certain situations apply the marriage cannot be legally recognized.  Minnesota Statute Section 518.02 says that certain marriages are nullified and shall end.  This law says:

A marriage shall be declared a nullity under the following circumstances:

(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;

(b) A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity;

(c) A party was under the age for marriage established by section 517.02.

As much as a person may be unhappy in his or her marriage or wish he or she had made a different decision when it was time to say “I do”, only in these situations can a marriage be terminated as though they did not happen.

Contact experienced family law attorney Jessica L. Sterle at (218) 722-2655 to schedule a consultation to discuss the divorce process.