ARTICLE 2: Marriages
(provided by Divorce Source, Inc.)
Published 6.5.98
New York Domestic Relations Law Contents
Section 5. Incestuous and void marriages.
Section 6. Void marriages.
Section 7. Voidable marriages.
Section 8. Marriage after divorce.
Sec. 5. Incestuous and void marriages. A marriage is
incestuous and void whether the relatives are legitimate or
illegitimate between either:
1. An ancestor and a descendant;
Sec. 6. Void marriages. A marriage is absolutely void if contracted
by a person whose husband or wife by a former marriage is living, unless
either:
2. A brother and sister of either the whole or the half
blood;
3. An uncle and niece or an aunt and nephew.
If a marriage prohibited by the foregoing provisions of this
section be solemnized it shall be void, and the parties thereto
shall each be fined not less than fifty nor more than one hundred
dollars and may, in the discretion of the court in addition to
said fine, be imprisoned for a term not exceeding six months.
Any person who shall knowingly and wilfully solemnize such
marriage, or procure or aid in the solemnization of the same,
shall be deemed guilty of a misdemeanor and shall be fined or
imprisoned in like manner.
1. Such former marriage has been annulled or has been dissolved for a
cause other than the adultery of such person; provided, that if such former
marriage has been dissolved for the cause of the adultery of such person,
he or she may marry again in the cases provided for in section eight of
this chapter and such subsequent marriage shall be valid;
Sec. 7. Voidable marriages. A marriage is void from the
time its nullity is declared by a court of competent jurisdiction
if either party thereto:
2. Such former marriage has been dissolved pursuant to section seven-a
of this chapter.
1. Is under the age of legal consent, which is eighteen
years, provided that such nonage shall not of itself constitute
an absolute right to the annulment of such marriage, but such
annulment shall be in the discretion of the court which shall
take into consideration all the facts and circumstances
surrounding such marriage;
Sec. 8. Marriage after divorce. Whenever, and whether prior
or subsequent to September first, nineteen hundred sixty-seven, a
marriage has been dissolved by divorce, either party may marry
again.
2. Is incapable of consenting to a marriage for want of
understanding;
3. Is incapable of entering into the married state from
physical cause;
4. Consent to such marriage by reason of force, duress or
fraud;
5. Has been incurably mentally ill for a period of five
years or more.
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