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A marriage annulment in Montana terminates an already illegal marriage and restores the parties to single status. Marriage annulments (sometimes referred to as a marital annulment or a marital annulment) are more difficult to get because the court expects more documentation and proof of grounds for annulment.
Those grounds for annulment include:
- Fraud – If you have been cheated into a marriage or your spouse has misrepresented him or herself
- Mental illness – If your spouse is insane and the insanity is affecting your married life
- Bigamy – your spouse married you while already married
- Incest (or consanguinity) – marrying a blood relative too close to you (parents, uncle, aunt, etc.), and
- Physical disability – cannot consummate the marriage
- Underage – one party was under age 16 at the time of marriage
- No consent – one or both were between ages 16 and 18 and did not have consent from a parent or guardian. This ground must be filed before the underage spouse reaches age 18.
You must file annulment papers in the district court where one of you lives.
Divorce statutes in Montana provide that in cases where a marriage annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.
[Montana Code – Section 40 – Titles: 40-1-103, 40-1-401, 402 ]
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