nullity
A nullity is something that is void and has no legal force or effect. It is treated in law as though it never existed.
In family law, a judgment of nullity (or annulment) declares that no valid marriage was ever formed due to conditions existing at the time of the alleged union. In Marriage of Garcia, 13 Cal.App.5th 1334 (2017), the Court explained that such a judgment establishes the nonexistence of a lawful marriage from the outset. Grounds for nullity include failure to comply with statutory formalities; such as licensing, solemnization, or authentication, as well as prohibited marriages based on incest, fraud, or bigamy.
The concept extends beyond marriage. In Illinois, the nullity rule allows courts to vacate judgments obtained when a party was represented by someone not authorized to practice law. As noted in Downtown Disposal Services, Inc. v. City of Chicago, 979 N.E.2d 50 (2012), the rule is discretionary, not automatic, and depends on the equities of the case. Similarly, Pennsylvania law treats an action filed against a deceased person as a nullity. Such a filing has no legal effect and cannot be corrected by amendment. Instead, a new complaint must be filed against the proper representative, and the statute of limitations continues to run. See 231 Pa. Code r. 2355.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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