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General

Voidable Marriage

A marriage that is legally valid until one party successfully petitions the court to annul it based on specific grounds.

Understanding Voidable Marriage

A voidable marriage exists and has legal effect until a court declares it annulled. Grounds include fraud, duress, mental incapacity, impotence, or underage marriage. Unlike a void marriage, a voidable marriage must be challenged by one of the parties — it will not be invalidated automatically. If neither party seeks annulment, the marriage remains valid. Children born during a voidable marriage are still considered legitimate.

Real-World Examples

She sought an annulment on grounds that he concealed a serious criminal history, making the marriage voidable due to fraud.

Related Terms

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.