Annulment in North Dakota
Divorce Papers » Annulment in North Dakota
nnulment in North Dakota is a legal decree declaring that the marriage was never legal and thus invalid. This decree nullifies the union on the basis of the grounds cited and the proofs submitted. The annulment laws in North Dakota are based on the grounds cited. These grounds need a substantial proof to support them and the petition for annulment has to be filed in the given time limit.
Grounds for Annulment in North Dakota:
The grounds for annulment in North Dakota are specific and have to be proved so as to obtain the annulment. These grounds are as follows:
Fraud - If the person is lured into a wedlock under the false pretenses and fraudulent behavior, such a marriage cannot be considered as valid and has to be annulled. The fraud can comprise of anything from hiding one's true identity, sexual preference, citizenship, to "forgetting to mention" a previous imprisonment under the charges of felony or incarceration in an asylum owing to an unstable mental condition. Such fraudulent marriages should be reported immediately and annulled before its too late.
There is a time limit of four years after the fraud is discovered to file for an annulment. If the person fails to file for annulment within four years of discovery, he / she has to file for divorce under the grounds of fraud.
The proof of fraud needs to be submitted to the court which is then verified and then the court reaches its decision. If the proof is substantial enough, a person can get an annulment quickly after the verification, and listening to both the sides in a hearing.
Duress - No person should have to marry under the conditions of force, threats, duress or coercion. If a person is forced into a marriage, such marriage is invalid and the petitioner can get an annulment on the basis of duress. Marriage by force comprises of marriages entered into as an adjustment, as a return of someone's favors or by holding someone from the family or the partner himself / herself at gunpoint or knife point. Such marriages have to be annulled immediately.
The time limit for a marriage under force or duress is four years after the marriage was conducted. The court can issue a restriction order against the spouse perpetrating the force and proceed the lawsuit for annulment immediately.
However, the proofs for force or duress need to be presented to the court in the form of photographs, letters or other documentation supporting the allegations. Having witnesses is an added benefit.
Bigamy - A person should not marry someone else when they are already married and that the marriage is not dissolved either by death or by divorce. If the person finds out that his / her partner has already been married once, he / she can file for an annulment on the grounds of bigamy.
Bigamous marriage is a legally punishable offense according to the statute of North Dakota and hence the marriage is invalid right from its inception. Along with bigamy, polygamy, polygyny and polyandry also come under the category of prohibited marriages.
The proofs of bigamy such as the testimony of the previous spouse, the marriage certificate, the marriage license, the witnesses who attended the previous wedding can suffice as the proof of a bigamous marriage.
There is no time limit given by the statute to annul this kind of marriage. The aggrieved partner can file for annulment anytime after he /she discovers the betrayal of the spouse.
Mental Illness - If a partner is mentally unstable or suffers from the bouts of insanity, the other partner can file for an annulment according to the statute of North Dakota. If the mental illness or disorder is incurable and the person cannot return to his / her normal life without a period of medications and treatments, the other spouse is entitled to file for an annulment in the state of North Dakota.
The mental illness results in the deterioration of the person's health as well as the life of the spouse and his family and children. It is difficult to care for a mentally ill person and at the same time handle the responsibility of the entire household and the children who need special care and attention especially if they are minor.
The person suffering from temporary or permanent insanity is unable to meet the requirements of his / her children or even to lead a normal life where he / she can contribute to the household responsibilities.
Same-sex Marriage - The marriage between the gay and lesbian couples are prohibited by the law and carry a sentence for the people involved in such kind of marriages. As it is not allowed by the law of the state, these marriages are null and void ab initio and have to be annulled.
The documentation proving that the marriage took place has to be submitted to the court along with the witnesses and the other exhibits that prove that the couple was indeed married. The court verifies the documents and grants the annulment to the couples in the same-sex marriage.
The petition has to be filed within the specified time limit and the proofs have to be submitted in order to obtain an annulment in North Dakota.