Void Marriages in Minnesota Statute


Quick Facts
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All marriages that are prohibited by Minnesota law are automatically void without any decree of dissolution or other legal proceedings. This means that these void marriages never legally existed because they could not exist in the first place.

There is an exception. Let's say a person's husband or wife has been absent for more than four years. The person doesn't know if the missing spouse is still alive. The person marries. The missing spouse turns up alive. The new marriage will be void only from the time that a court determine the marriage to be void. If the absentee spouse is declared dead in accordance with Minnesota law, then the subsequent marriage will not be void.

A void marriage is as if the prohibited marriage never happened. Void marriages are distinguishable from voidable marriages. Voidable marriage become void under certain circumstances, but voidable marriages are not automatically nullified.