Marital Annulment in Montana
Divorce Papers » Marital Annulment in Montana
Annulment in Montana terminates an already null and void marriage and erases it from the records as if it never happened. After the annulment is granted the parties are returned to the premarital status. The annulment process is more complicated, time-consuming and costly as compared to divorce due to the huge burden of proof it carries with it. The documentation and the exhibits along with the testimonies take up more time owing to the difficulty to prove the claims and allegations.
Annulment is a rare occurrence and usually not granted in Montana. The grounds really have to exist and need to be proved in order to obtain an annulment in the state of Montana.
Grounds for Annulment in Montana:
The grounds for annulment in Montana are limited and very specific. These grounds are as follows:
Fraud - If a person lures someone into the wedlock under false pretenses or has misrepresented themselves just to get married, such a marriage is considered to be based on the fraud and has to be annulled. The proofs of the fraud have to be submitted to the court so that the court can grant the annulment immediately.
The fraud could be anything from hiding the sexual orientation, sex-change operation, original identity, incarceration, mental illness, imprisonment, conviction of criminal charges or anything which could seriously endanger the well-being of the marriage and the safety of the spouse as well as the family.
Mental Illness - A person suffering from mental illness or the bouts of insanity can be a threat to their own self as well as the family. If the partner was unaware of the mental condition of the patient while getting married, he / she can get an annulment as per the statute of Montana. Besides, a mentally ill person is a vulnerable person. They can be easily tricked into marriage for the inheritance or citizenship thus endangering their welfare and safety.
The proof of the mental illness can be submitted in the form of the medical reports and the testimonies of the psychiatric professional who can easily diagnose the condition and facilitate the decision in favor of annulment.
Bigamy - Any type of bigamy such a polygyny, polyandry or polygamy is considered as a legally punishable offense according to the state law of Montana. The once married person is not supposed to marry unless the first marriage is dissolved by any legal or natural means such as death or divorce.
The proof of bigamy has to be submitted to the court in the form of the both marriage licenses, certificates and photographs as well as the testimonies of both the partners, which makes it easy to prove the charges and facilitate the court's decision in favor of annulment. Such marriages cannot be validated and have to be annulled.
Consanguinity - Marriages between the blood relatives, first and second cousins and some non-sanguine relations such as adoptive and step relations are prohibited as per the state law of Montana. Such marriages cannot be validated as they are null and void ab initio. These marriages are termed as incestuous and condemned by law as well as the society.
The proof of the relationship between the couple has to be presented in front of the court, which is a difficult task in itself. Besides, it is a ground which is difficult to prove. However, these marriages have to be annulled even if they are entered into through good faith by both the partners.
Physical Disability - Inability to consummate the marriage can be a firm ground for annulment in any state. Physical disability to consummate means a disability to perform the sexual act thus keeping the other partner dissatisfied. Such a marriage can be annulled if the proof of the physical disability is presented to the court in the form of medical test reports and the testimonies of medical experts.
Intoxication - If the couple testifies that they were drunk during the marriage and cannot remember a single thing from that day, the court can grant an annulment on the basis of intoxication. The couple has to undergo some blood tests as well as other medical tests to confirm their story. Besides, the testimonies of the minister and the witnesses are also important.
Underage Marriage - Marriage under the legal age of marriage is prohibited by the state law and has to be annulled. The age proof of the underage spouse can be presented to the court along with the testimonies of the couple and the officiant who presided over the wedding ceremony. The underage spouse may have to undergo a medical test determining the age.
- Same-sex Marriage - The marriages between the same-sex couples are prohibited by the state law and have to be annulled. The proofs can be submitted in the form of license, certificate and photographs, if any to get a quick annulment.
Time Frame to File an Annulment In Montana:
There is a specific time frame for each ground to file the annulment petition in Montana. The ground specific time frames are as follows:
- Fraud - 2 years after the fraud is discovered.
- Mental Illness - until the death of the either spouse.
- Bigamy - until the death of the either spouse.
- Consanguinity - until the death of the either spouse.
- Physical Disability - 4 years after the marriage.
- Intoxication - one year after the marriage.
- Underage Marriage - until the underage spouse reaches the age of majority.
- Same-sex - until the death of the either spouse.
Annulment in Montana is strictly bound by the limitations of grounds and time frame, making it the most difficult form of the dissolution of marriage.