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Void Or Voidable Marriage

In Alaska there is no court action called an annulment, but a court may declare a marriage void for specific reasons. For more information, see the Annulment (Voidable Marriage) FAQs.

Question: void and voidable marriage? What is the difference between void and voidable marriage?

Answer: 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.

 


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