TN 27 (12-00)

GN 00306.040 States with True Void Marriage Statutes

A. Introduction

The following States have true void marriage statutes. Specific comments about the applicability of a State law appear in the right column. A dash in the right column indicates no comment.

B. Policy

STATE

APPLICABILITY

Alabama

Incestuous marriages only.

Arizona

If child was born after 3/17/21.

Arkansas

Ceremonial marriage — good faith need not be shown. Common-law marriage — good faith by at least one party must be shown.

California

Ceremonial marriage — good faith need not be shown. Common-law marriage — good faith by at least one party must be shown.

Colorado

Applies only to child of father alive on 7/1/57. Ceremonial marriage — good faith need not be shown. Common-law marriage — good faith by at least one party must be shown.

Connecticut

Applies to child of father alive on 10/1/63, if marriage was ceremonial. If father died before 10/1/63, or if nonceremonial marriage alleged, submit to RCC under GN 01010.815 ff.

Delaware

———————

District of Columbia

Legitimate child only of parent capable of contracting a valid marriage.

Georgia

Ceremonial marriage — good faith need not be shown. Common-law marriage — good faith by at least one party must be shown.

Hawaii

Ceremonial marriage only.

Idaho

———————

Illinois

Ceremonial marriage only.

Indiana

———————

Kansas

———————

Kentucky

Incestuous marriages only.

Maryland

Ceremonial marriages only.

Michigan

Except bigamous marriage prior to 11/2/67. Beginning 11/2/67, unqualified “True Void Marriage Statute” applicable.

Minnesota

———————

Mississippi

Applies to children conceived after bigamous ceremonial or common-law marriages entered into before 4/5/56, and to children conceived after bigamous ceremonial marriages entered into or after the date. Does not apply if parent died before 7/16/62.

Missouri

———————

Montana

———————

Nevada

———————

New Jersey

Ceremonial marriage only. Good faith need not be shown on part of either parent.

North Carolina

Ceremonial marriage only. Applies only to child of father alive on 7/1/51.

North Dakota

If at least one parent did not contract marriage in good faith, or if common-law marriage is alleged, submit to RCC per GN 01010.815 ff.

Ohio

Ceremonial marriage — good faith need not be shown. Common-law marriage alleged — good faith by at least one party must be shown.

Oklahoma

———————

Oregon

See GN 00306.605.

Pennsylvania

If void marriage entered into prior to 12/17/59, applies only if the party to whom the relationship is claimed is alive on that date. Ceremonial marriage — good faith need not be shown. Common- law marriage alleged — good faith by at least one party must be shown.

Rhode Island

Applies to all ceremonial or common-law void marriages if at least one of the parties acted in good faith in contracting the marriage and child was born before marriage was judicially annulled. If neither party had good faith or child was born after judicial annulment, submit to RCC per GN 01010.815 ff. This provision is change of position effective 12/10/68.   Previous provision: unless marriage is void because it was contracted between persons related within prohibited degrees of consanguinity and affinity.

South Carolina

Child born on or after 4/13/51, of a bigamous marriage contracted on or after that date, is deemed legitimate if either parent contracted marriage in good faith and in ignorance of incapacity of other party.

South Dakota

———————

Tennessee

Ceremonial marriage only; good faith need not be shown.

Texas

———————

Utah

———————

Virginia

———————

Washington

Alleged marriage, whether ceremonial or nonceremonial, must be of record. Good faith need not be shown.

West Virginia

Except bigamous common-law marriage.

Wisconsin

Ceremonial marriage — good faith need not be shown. Common-law marriage — good faith by at least one party must be shown.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306040
GN 00306.040 - States with True Void Marriage Statutes - 03/09/2006
Batch run: 01/27/2009
Rev:03/09/2006