Understanding Marriage Annulment in North Dakota

Marriage annulment in North Dakota refers to a court's declaration of nullity, which renders a marriage void. This gives the marriage a non-existent status based on various reasons or shortcomings. Annulments’ time limits and grounds are provided for in Chapter 14-04 of the North Dakota Century Code. This differs from a divorce, as divorces end legally valid marriages and restore the parties to an unmarried status. An annulment declares that a marriage never existed. When an action for marriage annulment is filed, it addresses the defects in the constitution or formation of the marriage. In contrast, a divorce addresses the breakdown of a valid matrimonial union.

For example, in the case of a minor who was married without the required consent, the annulment process must commence within 4 years after the party reaches the age of consent. The law allows either party to file an action for annulment as soon as the defect in the union is confirmed. This may be for any of the reasons listed above or for personal or legal reasons such as inheritance or benefits claims.

North Dakota annulments are issued as a decree of nullity through the relevant North Dakota District Court, which has jurisdiction over domestic relations cases. The court also addresses related matters such as children born to the union before the annulment. According to North Dakota laws, they will remain legitimate and retain their inheritance rights. The court may also resolve child custody, support, and property sharing matters if deemed necessary according to the North Dakota Century Code Chapter 14-09. The public may access marriage annulment records through the relevant District Court where the case was finalized or through other third-party archives.

Grounds for Annulment in North Dakota

An annulment may be filed based on various grounds under North Dakota law, as supported by statutory provisions in the North Dakota Century Code § 14-04-01 (1) to (6). Some of these grounds for annulment include bigamy, one of the parties being below the age of consent or having an unsound mind, fraudulently obtained or coerced consent to the marriage, or permanent physical incapacity that undermines the union. There are also time limits for persons who may file an action for marriage annulment in North Dakota.

Some of the grounds for annulment in North Dakota include:

Lack of legal capacity to consent due to age

North Dakota Century Code § 14-04-01(1) states that if any of the spouses was under the age of marriageable consent at the time of the marriage, the union is invalid. However, if the underage party reached legal age and freely cohabited with the other spouse, annulment will be barred.

Bigamy

Under North Dakota Century Code § 14-04-01(2), a union may be annulled if one of the spouses was already married at the time the marriage was celebrated. This applies whether or not the previously married spouses are in contact. It will suffice that the former spouse is still alive and the marriage was not dissolved before the new one.

Unsound mind

This refers to the annulment of a marriage because either party was mentally incapacitated when the marriage was celebrated. According to North Dakota Century Code § 14-04-01(3), in such a situation, the spouse with an unsound mind could not have understood and made the decision to be married due to the infirmity. This may be discarded if the spouse later regained a sound mind and freely cohabited with the spouse.

Fraud

In situations where either party’s consent to the marriage was obtained by fraud, the union is invalid according to North Dakota Century Code § 14-04-01(4). This includes where the fraud was perpetrated by the other spouse or a third party.

Duress or force

This refers to annulment of a marriage because one of the parties was pressured, coerced, or forced to consent to the union according to North Dakota Century Code § 14-04-01(5). This includes situations where the pressure or coercion was induced by a third party.

Inability to consummate the marriage

Marriages that are not consummated, due to one spouse’s physical incapacity which continues for extended periods to the point it is considered incurable, shall be declared invalid according to North Dakota Century Code § 14-04-01(6).

Incestuous marriage

This refers to marriages between close relatives such as parents and children, siblings, or uncle and niece. Such unions are described as prohibited marriages in the North Dakota Century Code § 14-03-03.

Eligibility Requirements for an Annulment in North Dakota

In North Dakota, either spouse may initiate the marriage annulment process. In some cases, the parents or guardian may file the petition on behalf of a minor spouse, while a relative or guardian may file for a party who was of unsound mind. The party filing the petition must have confirmed the legal defect in the marriage and provided sufficient evidence to support this claim.

Each ground for annulment has time limits for filing the petition, which is generally 4 years after the defect was confirmed or from the date of the marriage. However, for incestuous marriages, there is no time limit, while grounds of unsound mind or bigamy must be filed before either spouse is deceased.

The filing party must also ensure that the jurisdiction requirement is satisfied. This means the marriage must be valid for the court to have jurisdiction over the case. While there is no requirement for physical jurisdiction, it is advisable that the case be filed in a court within a jurisdiction where one of the spouses resides. Annulment cases in North Dakota are filed at the District Court, which has general civil jurisdiction. Annulment may be filed for civil marriages, which include all marriages conducted under state law. Thus, marriages conducted under religious terms only are not recognized.

How to Get a Marriage Annulled in North Dakota

Marriage annulment in North Dakota is done through the District Court. After the discovery of the legal defect in the marriage, the petitioner must confirm that the defect existed at the time of the marriage and is in line with one of the grounds for annulment in the North Dakota Century Code § 14-04-01. Following the confirmation, the petitioner may follow these steps to get an annulment in North Dakota:

Prepare and file the petition for a decree of nullity
The petitioner may prepare and file a written petition that contains the details of the spouses and the marriage, the relief requested, and the grounds for annulment. The petition will be filed at the District Court in the county where the petitioner or the other spouse lives.

Serve the court documents on the other party
After filing, there are certain court fees to be paid, such as filing fees and service fees. The service fees will be used to facilitate the service of the petition and accompanying documents on the other spouse. After the service, the respondent may file their response, which may either uphold the petitioner’s claims or contest them.

Temporary relief and pretrial proceedings
In situations where the annulment is contested, the case goes to trial. Before the main trial, there are pretrial processes such as gathering evidence, discovery, preparation of witnesses, and more. The parties may also seek temporary relief during the pretrial stage in situations where there is a dispute over support, custody, or property control.

Trial on the merits
A trial will be scheduled after pre-trial proceedings are concluded. The parties are permitted to call witnesses, present their case, and provide relevant evidence to the court during the trial.

The court’s verdict
After carefully assessing the evidence and facts of the case, the judge will give a verdict. If a decree of nullity is issued, the marriage is considered to have never existed and is deemed to have ceased to exist.

Post judgment procedures
After the court’s verdict, the parties are returned to an unmarried or single status and may begin the process for name changes, remarriage, or updating their identification documents and biodata. The court’s judgment will be filed and maintained as part of the court records. Thus, there will be no record of the marriage, but the record of the annulment will be maintained.

Required Forms and Documentation for an Annulment in North Dakota

Marriage annulments are facilitated using various documents and forms. These documents begin with the Petition and a Summons, which will be filed at a District Court. These documents may be obtained from the North Dakota Court System Website or in person at the clerk's office of the District Court in the county where the case will be handled. The petition is the initial document that will request the annulment and include the grounds. This document is accompanied by a Summons, which notifies the other spouse that a court action has been filed against them and requires their response.

Such documents must be served on the other party, and evidence of service will be returned as part of the case files. There will be affidavits that will state facts in support of the annulment claim, and a Verification form to swear to the authenticity of the content in the complaint. There will be an Affidavit of Identification, which confirms the identity in your filed documents.

Evidence or exhibits will also be included in the documentation as part of the annulment case files, as well as any motions or orders made by the court in the course of the case. The declaration or nullity, which is the court’s judgment to render the marriage invalid, is part of the annulment documentation filed at the court where the case was handled.

Where to File for an Annulment in North Dakota

In North Dakota, annulment cases are filed in the North Dakota District Court System. These courts have exclusive jurisdiction over cases involving divorce, legal separations, annulments, and declarations of invalid marriages. This court handles all marriage-related cases in the state, and petitioners may file in the county where either spouse currently resides.

In cases where the spouses do not reside in North Dakota, the courts will not have jurisdiction. The action for annulment must also be based on the validity of the marriage, and the marriage must have occurred in North Dakota. Petitioners may obtain a Complaint or Petition at the District Court and file it in a county where either spouse resides. After service of the petition to the other spouse, and a reply is filed, the case goes to trial. If the grounds are proved enough, the annulment decree will be given, and the marriage will cease to exist.

Annulment Timelines and Waiting Periods in North Dakota

Marriages are annulled in North Dakota when one spouse files a petition and may prove one or more of the grounds for annulment. There is no waiting period in North Dakota laws, which means the court may begin handling the case as soon as the petition is filed and served. Although there is no waiting period, a time limit applies for filing the petition.

This time limit is generally 4 years from the date of the marriage or the day the legal defect of the marriage was discovered. For underage marriages, if the underage spouse continues to cohabit with the other party after attaining legal age for marriage, then an action for annulment may be filed. The general duration of annulment cases is between 1 to 8 months, depending on the complexity. Uncontested cases will be closed faster, while contested cases will be delayed. Just as divorces, annulment cases involving children and property disputes will take longer. Other factors that could accelerate the timeline include the service of documents and the respondent's cooperation.

Costs and Court Fees for an Annulment in North Dakota

The cost of filing a petition for annulment in a North Dakota District Court is $160. There may be additional costs for serving the court documents on the respondent. Certification of copies costs $10, which may be needed for the respondent’s copies or your case files.

Attorney fees will vary depending on the county where the case will be filed, or your budget. Additionally, court fee waivers are given based on financial hardship after the court evaluates your expenses and income. For petitioners who cannot hire a lawyer, you may apply for legal aid.

After the Annulment: What Happens Next?

After a marriage annulment in North Dakota, the marital status reverts to never married. This is because the annulment decree makes the marriage void. The parties are free to remarry without any waiting periods. Official records of the annulment will be filed at the court, while the parties will undergo name changes and update their identification documents.

An annulment case may involve children or property obligations, which the court may issue orders on. The court handles matters involving parenting time, child support, and child custody. This may be done as a separate proceeding or during the hearing for the annulment case. Unlike divorces, the court does not automatically address property division matters. However, the court may do so if the case is complex or the parties raise them. Spousal support is not awarded during an annulment case in North Dakota. This may only be done using alternative legal means.