Minnesota Statutes

Minn. Stat. § 518.02 (2026)

Voidable Marriages

✓ current as of May 2026

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A marriage shall be declared a nullity under the following circumstances:

(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;

(b) A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity;

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: State Ex Rel. Southwell v. Chamberland, 361 N.W.2d 814 (Minn. 1985).

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State Ex Rel. Southwell v. Chamberland, 361 N.W.2d 814 (Minn. 1985). · cites it 2× “…separation, separate maintenance or otherwise and includes the duty to pay arrearages of support past due and unpaid. Minn.Stat. § 518.02(3) (1982).”

— Minn. Stat. § 518.02(3) — 1 case

State Ex Rel. Southwell v. Chamberland, 361 N.W.2d 814 (Minn. 1985). “…separation, separate maintenance or otherwise and includes the duty to pay arrearages of support past due and unpaid. Minn.Stat. § 518.02(3) (1982).”

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