Is it possible to get an annulment in North Dakota?
An annulment may be granted in the district court based on the following conditions:
- If the party seeking the annulment was not of legal age (16 to 18 years old) to marry and did not have a parent or guardian's consent to marry. An annulment must be sought by underage spouse within 4 years after turning 18 or by the underage spouse's parent or guardian at any time before that spouse reaches the age of legal consent.
- If either party was legally married to another person. The exception is if the former husband or wife has disappeared and is believed to be deceased for five years prior to the second marriage. There is no time limit for filing for an annulment on this ground.
- If either spouse was mentally unsound when the marriage ceremony was performed. An annulment may be filed up until the death of either spouse by the injured party or that person's relative or guardian.
- If the marriage was based on fraud or deception. The injured spouse needs to file for an annulment within 4 years of discovering the fraud.
- If one spouse was forced to consent to the marriage. To get an annulment on this ground, the injured party must file within four years after the marriage.
- If either party was impotent at the time of the marriage and the condition appears to be incurable. To get an annulment on this ground, the injured party must file within four years after the wedding.
- If the marriage was incestuous. A person may not marry his or her parent, child, grandparent or grandchild of every degree. A person may also not marry a close (either half or whole blood) relative, such as a brother or sister, aunt or uncle, niece or nephew, or first cousin.
It's important to consult with an attorney if you feel you have grounds for an annulment, because many of the grounds are negated if you continue to live together as husband and wife after the reasons for the annulment arose. Children which are born during a marriage that is later annulled are considered legitimate.
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