Minnesota Statutes

Minn. Stat. § 518.01 (2026)

Void Marriages

✓ current as of May 2026

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All marriages which are prohibited by section 517.03 shall be absolutely void, without any decree of dissolution or other legal proceedings; except if a person whose spouse has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the absent spouse, the marriage shall be void only from the time that its nullity is duly adjudged. If the absentee is declared dead in accordance with section 578.17, the subsequent marriage shall not be void.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1946–2024 · leading case: Matter of Welfare of Mullins, 298 N.W.2d 56 (Minn. 1980).

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Matter of Welfare of Mullins, 298 N.W.2d 56 (Minn. 1980). · cites it 4× “" Minn. Stat. § 518.01 (a) (1978). The majority is well-intentioned in attempting to provide the California court with additional information.”

State v. Franks, 765 N.W.2d 68 (Minn. 2009). · cites it 2× “The State charged Franks with four counts of violation of an order for protection under Minn.Stat. § 518.01, subd. 14(d), and one count of committing a pattern of harassing conduct in violation of Minn.”

Emerson v. Bd. of Indep. Sch. Dist. 199, 809 N.W.2d 679 (Minn. 2012). · cites it 2× “Because section 518.01, subdivision 7(c), was silent about the "consequences" of a district court's noncompliance with the statute's requirements, we concluded that the statute was ambiguous.”

Bogen v. Bogen, 261 N.W.2d 606 (Minn. 1977). “03 does not expressly declare a marriage in violation of its provisions void, as does § 518.01 relating to certain other prohibited marriages.”

Marriage of McIntosh v. McIntosh, 740 N.W.2d 1 (Minn. Ct. App. 2007). · cites it 2× “01, subdivision 4(b), requires a petitioner to allege the existence of domestic abuse to obtain an order for protection, a petitioner seeking the extension of an existing order for protection under section 518.01, subdivision 6a, “does not need to show that- physical harm is…”

State, Douglas Cty. Ex Rel. Ward v. Carlson, 409 N.W.2d 490 (Minn. 1987). · cites it 2× “Such an attempted marriage would, of course, be absolutely void pursuant to Minn.Stat. § 518.01 (1986). If it should be found, as it is alleged, that Gomez and Ward ceased cohabitation more than 280 days before J.”

Laikola v. Engineered Concrete, 277 N.W.2d 653 (Minn. 1979). “03 does not expressly declare a marriage in violation of its provisions void, as does § 518.01 relating to certain other prohibited marriages.”

In Re Est. of Kinkead, 57 N.W.2d 628 (Minn. 1953). “[13] *36 Such a construction would make a shambles of §§ 518.01 to 518.05, where the legislature, in providing for annulment of certain marriages, has carefully distinguished between prohibited marriages which are absolutely void, prohibited marriages which are void only from…”

Baker v. Baker, 23 N.W.2d 582 (Minn. 1946). “1941, § 518.01 [Mason St. 1927, § 8580]); State v.”

In re State ex rel. Ward ex rel. J.M.K. v. Carlson, 409 N.W.2d 490 (Minn. 1987). · cites it 2× “Such an attempted marriage would, of course, be absolutely void pursuant to Minn.Stat. § 518.01 (1986). If it should be found, as it is alleged, that Gomez and Ward ceased cohabitation more than 280 days before J.”

In re the Marriage of: Dhimble Ali v. Fahria Mohamed (Minn. Ct. App. 2024). · cites it 4× “Minn. Stat. § 518.01 (2022). In August 2021, between the sixth and seventh days of trial, Ali moved to dismiss the dissolution action (which he had commenced two years earlier) on the ground that the parties’ marriage is invalid because they are first cousins.”

Seeley v. Erringer, 57 N.W.2d 628 (Minn. 1953). “13 *36 Such a construction would make a shambles of §§ 518.01 to 518.05, where the legislature, in providing for annulment of certain marriages, has carefully distinguished between prohibited marriages which are absolutely void, prohibited marriages which are void only from the…”

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