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Sometimes people who live as a married couple learn that their marriage is not legal. For
example, one supposed spouse may have kept a prior marriage secret, or both may have
thought incorrectly that an earlier marriage had ended in divorce or the death of a spouse. Or a
marriage may be invalid because it is between close relatives, underage persons, or people
incapable of entering into the marriage contract because of mental incompetence.
In some states the putative (supposed) spouse doctrine offers some protection if the
parties went through a ceremonial marriage. A putative spouse may be entitled to the benefits
and rights of a legal spouse for as long as she or he reasonably believes the marriage to be valid.
In states that do not accept the putative-spouse doctrine, people who mistakenly believe they
are married usually have the same status as unmarried couples who live together.
Sometimes people discover that their marriage is invalid only when filing for divorce. After
a long union that a couple believed was a valid marriage, a court may refuse to declare the
marriage invalid and require a divorce to end the marriage.