Voidable Marriage

31 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Jones v. Augusta Jones
  119 Fla. 824· Fla.· 1935-05-21 ·cited 106×
  The Florida Supreme Court reversed the Chancellor's decision upholding a marriage between W. F. Jones and Augusta Jones, holding that although the marriage was technically bigamous, it was voidable rather than void because the husband was innocent of wrongdoing and the parties ha
• Kuehmsted v. Turnwall
  103 Fla. 1180· Fla.· 1932-01-11 ·cited 53×
  The Florida Supreme Court held that a marriage alleged to be void due to the wife's lack of mental capacity can be annulled by a court of equity after one spouse's death, and that the deceased spouse's heirs may maintain an equitable action for annulment. The court found that the
• Hahn v. Gray, Jr.
  203 F.2d 625· D.C. Cir.· 1953-04-02 ·cited 26×
  The court held that the Economy Act divested federal courts of jurisdiction to review the Administrator's decision regarding pension benefits, and even if review were possible, the annulment decree did not retroactively validate the plaintiff's status as an unremarried widow.
• Goldman v. Dithrich
  131 Fla. 408· Fla.· 1938-02-09 ·cited 25×
  Mary May Goldman married William A. Goldman in a common law marriage, then eight days after his death in 1931 went through a ceremonial marriage with her son-in-law E. J. Ganz in West Virginia (where Ganz was already married), and later married Edward C. Dithrich in Florida. When
• In re Est. of Elliott Ruff v. Alaine Ruff Braynon and Elliott Ruff, JR.
  159 Fla. 777· Fla.· 1947-12-09 ·cited 24×
  In a Florida intestacy dispute, the Supreme Court held that children born out of wedlock but legitimated by their parents' subsequent marriage inherit as legitimate heirs of their deceased father's estate, even if the marriage was later annulled. The court rejected the argument t
• United States v. Filippo Sacco aka John Rosselli
  428 F.2d 264· 9th Cir.· 1970-06-17 ·cited 22×
  The court held that a marriage entered into solely to legitimate a child, without intent to live as spouses, is not a valid marriage for federal immigration purposes, and thus cannot confer derivative citizenship. The court also affirmed the conviction for alien registration viol
• United States v. Snyder
  177 F.2d 44· D.C. Cir.· 1949-07-05 ·cited 22×
  The court held that the plaintiff was not the legal widow of the insured because her Mexican divorce was invalid, rendering her subsequent marriage void under New Jersey law, which governed the determination of her marital status.
• Enoch Tyson v. State
  83 Fla. 7· Fla.· 1922-01-16 ·cited 22×
  Enoch Tyson was convicted of unlawfully deserting his wife and withholding support from her and their child. He appealed arguing the marriage was void due to coercion and fraud, but the Florida Supreme Court affirmed, holding that even if procured by fraud or duress, a marriage i
• Folsom v. Gretta N. Pearsall
  245 F.2d 562· 9th Cir.· 1957-05-31 ·cited 15×
  The court held that an annulment of a voidable marriage, under California law, means no valid marriage ever existed, entitling the appellee to reinstatement of Social Security benefits.
• Reese v. Reese
  178 So. 2d 913· Fla. 3d DCA· 1965-10-05 ·cited 14×
  Margaret Reese appealed the termination of her alimony payments after she entered into a bigamous marriage (void due to her ex-husband still being living). The Florida District Court of Appeal held that an innocent party to a bigamous marriage nonetheless acquires a right to supp
• Hoffman v. Kohns
  385 So. 2d 1064· Fla. 2d DCA· 1980-06-13 ·cited 12×
  Appellant Dorothy Hoffman, niece of decedent Herbert Kohns, appealed the trial court's decision finding that appellee Eloise Sue Kohns (Kohns' second wife) procured an invalid will through undue influence but nonetheless entitled her to Kohns' entire estate as a pretermitted spou
• Smith v. Smith
  224 So. 3d 740· Fla.· 2017-08-31 ·cited 11×
  The Florida Supreme Court held that when a guardianship court removes an incapacitated person's right to contract, any marriage entered into without prior court approval is invalid but ratifiable. The statute does not require prior approval as a condition precedent, but rather ma
• Yeager v. Flemming
  282 F.2d 779· 5th Cir.· 1960-10-03 ·cited 11×
  A marriage declared void ab initio by a state court, even if initially voidable, does not constitute a 'remarriage' under the Social Security Act, entitling the claimant to benefits.
• Mahan v. Mahan
  88 So. 2d 545· Fla.· 1956-06-29 ·cited 10×
  Mary Agnes Mahan sought annulment of her marriage to James J. Mahan on the ground that she was so intoxicated at the time of the ceremony that she lacked mental capacity to consent. The trial court rejected the annulment despite the Special Master's findings supporting her allega
• Johnson v. Landefeld
  138 Fla. 511· Fla.· 1939-06-06 ·cited 9×
  This case involves a declaratory decree determining whether a 1928 deed from Alfred Johnson to himself and his wife Annie Johnson as tenants by the entirety was valid, despite the marriage being voidable (they were uncle and niece). The Florida Supreme Court was equally divided,
• Smith v. Smith
  199 So. 3d 911· Fla. 4th DCA· 2016-03-02 ·cited 8×
  Glenda Martinez Smith appeals the annulment of her marriage to J. Alan Smith, who was judicially declared incompetent and had his right to marry restricted to require court approval. The Florida appellate court affirms the annulment, holding that a marriage entered into without t
• Evans v. Evans
  212 So. 2d 107· Fla. 4th DCA· 1968-06-26 ·cited 8×
  A voidable remarriage, even if subsequently annulled due to fraud, terminates a former wife's right to alimony from her first husband.
• Astor v. Astor
  120 So. 2d 176· Fla.· 1959-04-07 ·cited 8×
• Cooper v. Josephine Hamill Cooper (Alias J. H. Cooper)
  120 Fla. 607· Fla.· 1935-07-25 ·cited 8×
  In this 1935 Florida Supreme Court case, a husband's counterclaim for fraud and property recovery was upheld against a wife's divorce suit. The court found that the wife fraudulently induced the husband into marriage to steal his stock certificates, and the court reversed the tri
• MacPHERSON v. MacPHERSON
  496 F.2d 258· 6th Cir.· 1974-04-26 ·cited 6×
  The court held that a bigamous marriage, even if annulled, is considered a valid 'remarriage' under a separation agreement, terminating the husband's support obligation, as Connecticut law, which governs the agreement, rejects the 'relation back' doctrine and equitable exceptions
• Hatfield v. United States
  127 F.2d 575· 2d Cir.· 1942-04-30 ·cited 6×
  The court held that the plaintiff failed to overcome the presumption of the validity of the insured's second marriage, and thus the proceeds were payable to the named beneficiary, not the estate.
• Adler v. Adler
  805 So. 2d 952· Fla. 2d DCA· 2001-11-16 ·cited 2×
  In this divorce proceeding, the trial court granted an annulment based on Mrs. Adler's fraudulent misrepresentation of her prior marital history. The appellate court reversed, holding that because the marriage was consummated, fraud alone cannot support annulment under Florida la
• Arnelle v. Fisher
  647 So. 2d 1047· Fla. 5th DCA· 1994-12-22 ·cited 2×
  A marriage procured by undue influence is merely voidable and cannot be attacked after the death of either party.
• Sutton v. Leib
  199 F.2d 163· 7th Cir.· 1952-10-15 ·cited 2×
  A void marriage, under Illinois law, does not alter marital status or relieve a former husband of alimony obligations imposed by an Illinois decree.
• Barrons v. United States
  191 F.2d 92· 9th Cir.· 1951-07-23 ·cited 1×
  A proxy marriage, validly performed in Nevada, is recognized as valid for National Service Life Insurance purposes, even if the parties were not personally present, provided it does not conflict with the public policy of the state of residence.
• Kelley v. Kelley
  350 So. 2d 11· Fla. 4th DCA· 1977-08-12
  Lawrence Kelley appealed a trial court's decision to resume alimony payments to his ex-wife Barbara after her second marriage was annulled in Texas, arguing the Texas annulment should not reinstate his alimony obligation. The appellate court affirmed, holding that a void marriage
• DAY v. DAY
  331 So. 2d 335· Fla. 1st DCA· 1976-05-12
  Robert Day sought modification of a $350/month alimony award to Johanna, arguing their marriage was void because Johanna was legally married to a prior spouse at the time they married. The court held that absent fraud or deception, the ceremonial marriage became a presumptively v
• Williams v. Williams
  214 So. 2d 48· Fla. 2d DCA· 1968-09-20
  This case involves an appeal of an annulment judgment. Thomas married Carol when she was pregnant with his child, but sought to annul the marriage three weeks later. The court reversed the annulment, holding that Carol's candor about her intentions before marriage and conflicting
• Craun v. Craun
  300 F.2d 737· D.C. Cir.· 1962-03-01
  The court held that the appellee's misrepresentation regarding living conditions constituted fraud that pierced the heart of the marital compact, entitling the appellant to an annulment.
• Sears v. Sears
  293 F.2d 884· D.C. Cir.· 1961-07-06
  A party who obtains a Mexican mail-order divorce and remarries may be estopped from asserting the invalidity of that divorce to avoid obligations to the second spouse, even if the divorce is void.