{"id":373323,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/iowa-law\/iowa-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-26T18:02:18","modified_gmt":"2023-01-26T23:02:18","slug":"iowa-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/iowa-law\/iowa-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Iowa Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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Iowa Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Though it seems simple, the legal proceedings surrounding marriage actually have strict rules, with each state having its own set of annulment and prohibited marriage laws<\/a> that prohibit marriages under certain circumstances. A prohibited marriage is void because the marriage<\/a> was never lawful. Generally, there’s no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages<\/a>, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry a relative.<\/p>\r\n

An annulment<\/a>, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce<\/a> end a marriage, an annulment wipes the slate clean as if there was no marriage to begin with. However, you usually need to get an annulment within a certain time limit, so it is important to act promptly if you are considering an annulment.<\/p>\r\n

This article provides a brief overview of annulment and prohibited marriages in the state of Iowa.<\/p>\r\n

Annulment and Prohibited Marriages Laws in Iowa<\/h2>\r\n

The chart below lists the details of Iowa’s annulment and prohibited marriage statutes.<\/p>\r\n\r\n

Grounds for Annulment<\/p>\r\n<\/td>\r\n

Marriage in Iowa may be annulled under I.C.A. \u00a7 598.29<\/a> if:<\/p>\r\n

Legitimacy of Children<\/p>\r\n<\/td>\r\n

Children born to the parties, or to the wife, in a marriage relationship that may be terminated or annulled shall be legitimate to both parties unless the court shall decree otherwise according to the proof. (I.C.A. \u00a7 598.31<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Prohibited Marriages<\/p>\r\n<\/td>\r\n

Out-of-State Marriages<\/td>\r\nA marriage solemnized in another state, territory, country, or any foreign jurisdiction which is valid in that jurisdiction is valid in the state of Iowa if the parties meet the requirements for validity and if the marriage would not otherwise be declared void. (I.C.A. \u00a7 595.20)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(so) you are researching.<\/i><\/p>\r\n

Same-Sex Marriage in Iowa<\/h2>\r\n

Although Iowa’s marriage statute says, "Only marriage between a male and a female is valid," the Iowa Supreme Court ruled the ban on same-sex marriage unconstitutional in Varnum v. Brien<\/a><\/i> (2009). At the time, Iowa was just the fourth state to legalize same-sex marriage. Since then the U.S. Supreme Court, in the landmark 2015 case Obergefell v. Hodges<\/a><\/i>, ruled that state bans on same-sex marriage were unconstitutional. FindLaw’s Same-Sex Marriage section<\/a> has more information and updates on the latest same-sex marriage developments.<\/p>\r\n

Iowa Annulment and Prohibited Marriage Laws: Related Resources<\/h2>\r\n

State statutes regarding the marriage process can be complicated, whether you’re wondering if you can get married, or if you’re wondering if your existing marriage was legal to begin with. You can find additional articles and resources in FindLaw’s sections on Annulment<\/a>, Divorce<\/a>, and Iowa Family Law<\/a>.<\/p>\r\n

Next Steps: Speak to a Family Law Attorney<\/h2>\r\n

If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local divorce attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your jurisdiction.<\/p>\r\n

Get started by speaking to a local family law attorney<\/a> today.<\/p>\r\n

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