Find Legal Information

14-04 Annulment of Marriage

Download pdf

CHAPTER 14-04ANNULMENT OF MARRIAGE14-04-01. Grounds for annulling marriage. A marriage may be annulled by an actionin the district court to obtain a decree of nullity for any of the following causes existing at the time<br>of the marriage:1.That the party in whose behalf it is sought to have the marriage annulled was under<br>the age of legal consent, as defined in section 14-03-02, or that such party was of<br>such age as to require the consent of the party's parents or guardian and such<br>marriage was contracted without such consent, unless, after attaining legal age,<br>such party freely cohabited with the other as husband or wife.2.That the former husband or wife of either party was living, and the marriage with<br>such former husband or wife was then in force.3.That either party was of unsound mind, unless such party, after coming to reason,<br>freely cohabited with the other as husband or wife.4.That the consent of either party was obtained by fraud, unless such party afterwards,<br>with full knowledge of the facts constituting the fraud, freely cohabited with the other<br>as husband or wife.5.That the consent of either party was obtained by force, unless such party afterwards<br>freely cohabited with the other as husband or wife.6.That either party was at the time of the marriage physically incapable of entering into<br>the marriage state, and such incapacity continues and appears to be incurable.7.That the marriage was incestuous.14-04-02. Action to annul - Limitations of time. An action to obtain a decree of nullityof marriage for causes mentioned in section 14-04-01 must be commenced within the periods<br>and by the parties as follows:1.For causes mentioned in subsection 1, by the party to the marriage who was<br>married under the age of legal consent, within four years after arriving at the age of<br>consent, or by the party's parents or guardian at any time before such party has<br>arrived at the age of legal consent.2.For causes mentioned in subsection 2, by either party during the life of the other, or<br>by such former husband or wife.3.For causes mentioned in subsection 3, by the party injured, or a relative or guardian<br>of the party of unsound mind, at any time before the death of either party.4.For causes mentioned in subsection 4, by the party injured, within four years after<br>the discovery of the facts constituting the fraud.5.For causes mentioned in subsections 5 and 6, by the injured party, within four years<br>after the marriage.6.For causes mentioned in subsection 7, by either party at any time.14-04-03. Legitimacy of children. When a marriage is annulled, children begottenbefore the judgment are legitimate and succeed to the estate of both parents.Page No. 114-04-04. Custody of children. The court shall award the custody of the children of amarriage annulled on the ground of fraud or force to a party based upon the best interests and<br>welfare of the child criteria set forth in chapter 14-09.14-04-05. Effect of judgment. A judgment of nullity of marriage rendered is conclusiveonly as against the parties to the action and those claiming under them.Page No. 2Document Outlinechapter 14-04 annulment of marriage