The Uniform Marriage Evasion Act, which has two main provisions, has been adopted
by the following States:
-
-
-
•
Massachusetts (NOTE: as of 07/31/08 the second provision of the Uniform Marriage Evasion Act no longer
applies in Massachusetts)
-
-
The first provision: If a resident prohibited from marrying under the law of the State goes to another
State for the purpose of avoiding this prohibition and contracts a marriage which
would be void within their home State, that marriage will be held to be void by the
home State, just as if the marriage had been entered into there. (Several States which
have not adopted the Uniform Marriage Evasion Act as a whole have adopted this first
provision; see summary of State laws in GN 00305.165.)
The second provision: Prohibits the marriage within the State of persons residing and intending to continue
residing in another State, if the marriage would be void if contracted in the individual's
home State. A marriage in violation of this prohibition is void in the State of marriage,
just as it would be void in the State of divorce or in the individual's home State.
It is also void in all jurisdictions by the general rule that, in determining the
validity of a marriage, the courts will look to the law of the jurisdiction where
the marriage occurred.