Annulment in Idaho
Divorce Papers » Annulment in Idaho
Annulment in Idaho is a court order stating that a valid marriage never existed between the couple and whatever happened was null and void in the first place, which has to be canceled. The annulment in Idaho is a rare occurrence and is granted only in limited circumstances. After the annulment is granted, the husband and the wife are returned to their pre-marital status, both financially and socially and can remarry.
Annulment Process in Idaho:
The annulment process in the state of Idaho starts by the aggrieved spouse filing the petition for annulment. After the petition is filed, the court sends a notice to the other partner asking to represent his / her side in the court. After the respondent has sent a response, a hearing is scheduled in which the judge listens to the testimonies of both the parties and the proofs of the cited grounds are presented by the petitioner.
After the hearing, the court verifies the grounds cited whether they really exist and the authenticity of the proofs submitted and the witnesses presented. After the verification, a final hearing is held wherein the judge gives the court's final verdict in the form of a court decree if the annulment is granted. If the judge decides not to grant the annulment, he / she can order the couple to file for a divorce suit instead of waiting for annulment to be granted.
Grounds for Annulment in Idaho:
The grounds for annulment in Idaho are specified by the statute of Idaho. These are limited circumstance mentioned earlier that have the possibility that the annulment will be granted. These grounds need to be proved and the petition should be filed in the specified time period. These grounds are as follows:
Underage Marriage - The legal marriageable age in the state of Idaho is 14. If a person who is under the age of 14 gets married, such a marriage is considered as underage marriage, which is legally a punishable offense according to the statute. The underage spouse or their parents or guardian can file for an annulment in such a case.
There is a time frame given by statute for filing of the annulment petition in case of underage marriage. The petition has to be filed before the underage spouse reaches the legal age of marriage. If the spouse reaches the legal marriageable age, the annulment cannot be granted and the court advises the petitioner to file for divorce instead.
Another condition for filing for annulment is that if the couple starts cohabiting after getting married, the annulment petition cannot be filed and the couple will have to file for divorce.
Bigamy - Any type of bigamy such as polygamy, polygyny or polyandry is prohibited by the state law of Idaho. A person indulging in a bigamous marriage is subject to sentence and punishment. The annulment petition in case of a bigamous marriage can be filed anytime before the offending partner dies.
The proof of bigamous relationship has to be submitted to the court in terms of witnesses, exhibits and documentation which support the claims that the person is indeed engaging in a bigamous relation. The testimony of the previous spouse, the marriage license and the certificate and the photographs taken during the wedding have to be submitted so as to facilitate the court's decision in favor of annulment.
Mental Illness or Insanity - A person suffering from mental illness or insanity is not supposed to marry as he / she is a vulnerable individual and anyone can their advantage by luring them into the wedlock. Besides, if the person is suffering from the bouts of insanity he / she is likely to be a threat to those who are near them.
The annulment petition can be filed anytime before the death of the insane spouse. The medical reports and certificates need to be presented to the court so as to get an annulment on the grounds of mental illness or insanity.
Fraud or Misrepresentation - If a person has been lured to enter the wedlock under the false pretenses or by misrepresenting the important information that is vital to a marital relationship, the aggrieved spouse can file for an annulment on the basis of fraud or misrepresentation.
This includes hiding sexual preference, true identity, sexually transmitted disease, sex-change operation, imprisonment, incarceration, sterility or other damaging factors. The time limit given for filing the annulment on these grounds is 4 years after the discovery of fraud or misrepresentation.
Impotency - Inability to consummate the marriage is an inability of the male to perform the sexual act to its fullest, which keeps the female dissatisfied. This inability is a crucial element of any marriage and a marriage which does not have sexual relationship is missing the very base that is necessary to hold the marriage together.
In such cases, a medical examination of the male is necessary and the test reports play an important role in determining the grant of the annulment. However, the reason in itself is much stronger and a woman can get an annulment on these grounds.
Consanguinity - Marriage between the people descending from the same blood line is termed as consanguinity. The examples of such a marriage are the marriages between a parent - child, parent - grandparent, brother - sister, aunt - nephew, uncle - niece, cousins etc. Basically the marriages between the ancestors and the descendants are prohibited. Such marriages are termed as incestuous marriages and are considered as a legally punishable offense.
- Same-sex Marriage - The marriage between two people of the same sex are prohibited by the law as well as frowned upon by the society. Such marriages are void ab initio and have to be annulled as nothing can be done to validate them.