Void or Illegal marriages: One or both spouses to the alleged common law marriage were under age 18. A spouse was unable to consent to marriage due to mental incapacity or incompetence. The marriage is to first cousin or closer relative, or the marriage is bigamous or polygamous.
Voidable or can become illegal: One or both spouses were under age 16. One or both spouses were under age 18 and the marriage was performed without parental consent. The marriage was entered into under the influence of liquor or drugs (annulment must be brought within 60 days) either spouse is physically unable to have sexual intercourse, or the marriage consent was obtained by duress, coercion or fraud. 23 Pa.C.S.A. § 3301 et seq. and 23 Pa.C.S.A. § 3303 et seq.
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