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Montana Annulment and Prohibited Marriage Laws
More Information on Annulment and Prohibited Marriage Laws
| Code Section | 40-1-103, 40-1-401, 402 |
| Grounds for Annulment | Lacking consent (mental, alcohol, duress, fraud, force); no physical capacity to consummate; underage; prohibited |
| Time Limits for Obtaining Annulment | Mental infirmity, alcohol, drugs: Within 1 yr. after knowledge; Force, duress, fraud: 2 yrs. after knowledge; Physical incapacity: Party must not know at time of marriage and must bring within 4 yrs.; Underage: Until age of majority; Prohibited: Anytime prior to death of parties. |
| Legitimacy of Children | Children born of invalid marriages are legitimate |
| Prohibited Marriages | Previous marriage undissolved; between ancestor and descendant, brother and sister, first cousins (half or whole blood), uncle and niece, aunt and nephew; same sex |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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