{"id":374567,"date":"2016-03-31T21:35:49","date_gmt":"2016-04-01T02:35:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-27T15:19:33","modified_gmt":"2023-01-27T20:19:33","slug":"montana-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Montana Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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Montana 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 updated\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

State laws dictate the grounds under which an annulment may be granted and which types of marriage are prohibited. Examples of marriages that are prohibited are those between closely related family members or those where a previous marriage was not ended either through a divorce<\/a> or a spouse’s death. In Montana, laws related to civil annulments and prohibited marriages<\/a> are very similar to those of other states.<\/p>\r\n

Montana Prohibited Marriages<\/h2>\r\n

In Montana, certain types of marriage are prohibited. These include marrying your first cousin or other closely related family member such as a sibling or parent. In addition, you can’t get married if you already have a spouse. You’ll have to have a formal divorce first. Also, you have to be of legal age, unless you obtain the consent of a parent or guardian.<\/p>\r\n

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

Same-sex marriage is now legal in the state of Montana. In 2015, the U.S. Supreme Court ruled that same-sex marriage is protected and guaranteed under the Fourteenth Amendment’s Equal Protection Clause. In that year, the U.S. Supreme Court did so in a case called Obergefell v. Hodges<\/a>.<\/i><\/p>\r\n

The basics of Montana’s laws related to civil annulments and prohibited marriages are listed in the following chart. See FindLaw’s Marriage Law Overview<\/a> section for additional articles.<\/p>\r\n\r\n
 <\/td>\r\n <\/td>\r\n<\/tr>
Grounds for Annulment<\/td>\r\nUnder 40-1-402<\/a>, the following are reasons a person may pursue an an annulment to their marriage:
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  • One or both spouses was incapable of consent due to being under the influence of alcohol or drugs or as a result of duress, fraud, or being forced to enter the marriage<\/li>\r\n
  • One or both of the spouses was not capable of physically consummating the marriage, an example of which is impotence<\/li>\r\n
  • One or both of the parties is underage, and the consent of a parent or guardian was not obtained<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Time Limits for Obtaining Annulment<\/td>\r\nUnder 40-1-402<\/a>, the time limits for pursuing an annulment are:
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  • For reasons related to inability to consent due to being under the influence of alcohol or drugs, within one year after the parties have become aware of this issue<\/li>\r\n
  • For reasons related to force, duress, or fraud, within two years after the parties have become aware of this issue<\/li>\r\n
  • For reasons related to physical inability to consummate the marriage, within four years of the marriage<\/li>\r\n
  • For reasons related to parties being under the age of consent, until the age of majority has been reached<\/li>\r\n
  • For any other reasons related to prohibited marriages, anytime prior to the parties’ deaths<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Legitimacy of Children<\/td>\r\nUnder 40-1-401<\/a>, children that are born to legally invalid marriages or marries that are annulled are considered legitimate.<\/td>\r\n<\/tr>
Prohibited Marriages<\/td>\r\nUnder 40-1-401<\/a>, the following types of marriage are prohibited: