Nullity of Marriage

A Nullity of Marriage action is an action by one spouse to deem the marriage unlawful because of conditions that existed at that time of marriage. Marriages which are entered into by virtue of fraud and duress, and those in which one spouse was sexually impotent at the time the marriage was entered into unbeknownst to the other spouse are examples of marriages that will support an order for nullity of marriage. A decree of a nullity of marriage means that the parties were never married and therefore, will not have any obligations to each other under the law. A Nullity of Marriage action is available to spouses who have been married for two years or less, have not acquired property jointly, and there are no children at issue.