How is a void marriage treated legally?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

A void marriage is treated legally as if it never occurred. This means that from a legal standpoint, the marriage has no legal effect, and therefore, the parties are not recognized as being married. This principle is rooted in the notion that a void marriage is considered intrinsically invalid due to factors that prevent it from being legally recognized in the first place, such as a lack of capacity to marry or a failure to meet legal requirements.

Since a void marriage is considered non-existent, the parties do not need legal dissolution through divorce or annulment. The law treats them as having never been married, allowing either party to marry someone else without any legal implications stemming from the void marriage.

This perspective aligns with the fundamental reasons a marriage can be nullified. Factors such as consanguinity, age, or mental incapacity can render a marriage void from its inception, reinforcing the notion that the marriage simply does not exist in the eyes of the law.

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