Rhode Island General Laws

R.I. Gen. Laws § 15-5-1 (2026)

Marriages void or voidable — Civil death or presumption of death

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Divorces from the bond of marriage shall be decreed in case of any marriage originally void or voidable by law, and in case either party is for crime deemed to be or treated as if civilly dead, or, from absence or other circumstances, may be presumed to be actually dead.

Notes of Decisions
Cited in 5 cases, 1967–2007 · leading case: Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007).
Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007). · cites it 5× “A void marriage is a nullity, one that is invalid from its inception.”
Rubano v. DiCenzo, 759 A.2d 959 (R.I. 2000). · cites it 6× “In our response to question no. II, we held that concurrent jurisdiction in this type of case lies both in the Family Court and in the Superior Court.”
Cavanagh v. Cavanagh, 375 A.2d 911 (R.I. 1977). “…source of jurisdiction in respondent’s own petition to declare the marriage void, G.L. 1956 (1969 Eeenactment) §15-5-1.”
Milliken v. Milliken, 390 A.2d 934 (R.I. 1978). “1956 (1969 Reenactment) § 15-5-1, praying that the marriage between the parties be annulled.”
Milliken v. Milliken, 225 A.2d 661 (R.I. 1967). “1956, §15-5-1. It was heard by a family court justice who granted the respondent’s motion to dismiss after the petitioner had rested but the respondent had not.”
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