Annulment

Overview

An annulment is a civil court process to declare that a marriage never happened.  If a North Dakota state district court annuls a marriage, the marriage is void.

Annulment is not based on length of the marriage alone.  A North Dakota state district court can annul a marriage only in the following situations:

  • When a spouse was a minor, under 18 years of age, at the time of the marriage and could not give legal consent. The annulment court process must be started by the spouse within 4 years of turning 18 years of age, or by the parents or guardian of the spouse before turning 18 years of age. 
  • When a spouse was legally married to someone else at the time of the marriage. The annulment court process must be started during the lifetime of either spouse.
  • When either spouse was of unsound mind at the time of the marriage. However, an annulment may not be possible when the spouses freely lived together after the marriage.  The annulment court process must be started at any time before the death of either spouse.
  • When the consent to marry was obtained by fraud. However, an annulment may not be possible when the spouses freely lived together after the marriage.  The annulment court process must be started within 4 years of discovery of the fraud.
  • When the consent to marry was obtained by force. However, an annulment may not be possible when the spouses freely lived together after the marriage.  The annulment court process must be started within 4 years after the marriage.
  • When either spouse was physically unable to enter into the marriage state at the time of the marriage, and the incapacity continues and appears to be incurable. The annulment court process must be started within 4 years after the marriage.
  • When the marriage is incestuous. Incestuous relationships are listed here.  The annulment court process must be started at any time by either spouse.

If you decide your situation does not meet the requirements for annulment, you may wish to review the divorce and legal separation information and resources linked below.


Forms

Forms are not available for annulment proceedings. 


Selected Statutes (Laws) & Rules


Other Resources


If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

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If you have a question relating to a case that is already filed please contact the clerk of court for the county.