What Is An Annulment?
An annulment is a legal proceeding to declare that a marriage never happened.
Only marriages between certain people can be annulled.
Is An Annulment Right For Me?
Marriages may be annulled if one of the following situations occur:
1. A spouse is under the age of 18 and could not give legal consent.
2. A spouse is between 16 and 18 yrs of age and does not have parental or guardian consent to marry.
3. A spouse is legally married to someone else.
4. A spouse is of unsound mind.*
5. A spouse’s consent to marry was obtained by force.*
6. A spouse’s consent to marry was obtained through fraud.*
7. A spouse was physically unable to enter into marriage and the incapacity continues and is permanent.
8. The marriage is incestuous.
*Indicates situations where an annulment may not be possible if you have freely lived with your partner.
How Long Do I Have To Get An Annulment?
An action for an annulment must be started by a certain time. The time limit depends on the type of marriage.
• Any time for an incestuous marriage.
• Any time before you are 18, if you are married before the age of 18.
• Within 4 years of the marriage, if you are between the ages of 16 and 18, and are married without parental or guardian consent.
• Anytime during the life of your spouse or their former husband or wife, if your spouse is still legally married to someone else.
• Anytime before the death of your spouse, if your spouse is of unsound mind.
• Within 4 years of discovering fraud, if you consented to marriage through fraud.
• Within 4 years of the marriage, if you consented to marriage by force.
• Within 4 years of the marriage, if your spouse was physically unable to enter into marriage and the incapacity continues and is permanent.
What Is An Incestuous Marriage?
An incestuous marriage is a marriage between:
• Parent and child
• Grandparent and grandchildren
• Brothers and sisters of half as well as whole blood
• Uncles and nieces of half as well as whole blood
• Aunts and nephews of half as well as whole blood
• First cousins of half as well as whole blood
What Effect Does An Annulment Have On My Child?
• When a marriage is annulled, any children born of the marriage are legitimate and may inherit from the estates of both parents.
• Custody of children of an annulled marriage are awarded to a parent based upon the best interest of the child.
Who Do I Contact With Additional Questions?
Seniors 60 and over Call:
1-866-621-9886
Others Call:
1-800-634-5263
Legal Services of North Dakota
Bismarck Law Office
418 E Broadway #25
Bismarck, ND 58501
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