Section 2.8 Duress

• Library: Family Law Deskbook and 2014 Supp

3. (§2.8) Duress

If either party entered into the marriage relationship because of duress, the consent requirement has not been met. But as in the case of fraud, the courts are reluctant to invalidate a marriage because of duress. They have refused to invalidate a marriage contracted after threats by the pregnant girl’s family to harm the plaintiff physically. The courts also state that it is presumed that the plaintiff married from a sense of moral responsibility for the welfare of the mother and child and refuse to find duress except on the clearest...