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An annulment of marriage is, generally, the retraction of a marital relationship due to the failure of the marital contract. In Montana, the process requires an individual to seek a declaration of the invalidity of marriage.
In Montana the district court may declare a marriage invalid if the marriage is prohibited by law.
A marriage may also be declared invalid if:
- A party lacked capacity to consent to the marriage at the time that the marriage was entered into;
- A party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time that the marriage was entered into, the other party did not know of the incapacity;
- A party was under 16 years of age or was 16 or 17 years of age and did not have the consent of the party's parents or guardian or judicial approval.
Montana law establishes varying periods in which a party may seek the invalidity of marriage.
At flatheadlaw.com we suggest that you seek legal advice and counsel of a licensed attorney if you wish to seek, or are considering, an annulment (declaration of invalidity) of your marriage.
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