As long as a marriage is considered legally valid, the state has little interest in who a person chooses to marry. To be considered legally valid, a marriage must not be considered invalid under state law.
State laws prohibit incestuous or bigamous marriages. Incestuous marriages are marriages between close relatives. However, state laws also prohibit marriages entered into under duress, which means marriages where parties to the marriage were forced to marry.
A civil annulment is a legal process by which someone may have their marriage dissolved. It has the legal effect of "erasing" the marriage as if it never existed. Marriages that are prohibited by state laws qualify for civil annulments.
Continue reading for a breakdown of laws related to civil annulments and prohibited marriages in Alaska.
Civil Annulments and Prohibited Marriages in Alaska: Overview
The following chart lists details about Alaska's laws regarding civil annulments and prohibited marriages. See FindLaw's Marriage Law section to learn more.
||Under§ 25.24.020, the following marriages are prohibited:
Under § 25.24.030, the following marriages are also prohibited:
- Incestuous marriages
- Bigamous marriages
- A marriage involving a person who was not of sound mind at the time of the marriage
- A marriage where one or both of the parties was forced to enter into the marriage
- A marriage that was entered into on fraudulent bases
- A marriage where someone was not over the age of consent and proper procedure was not followed for obtaining the consent of a parent or guardian
|Grounds for Annulment
||Any marriage that is listed above under "Prohibited Marriages" qualifies for a civil annulment.
|Legitimacy of Children
||Generally speaking, children are considered legitimate even if the marriage into which they were born is invalid.
- In 2014, the Supreme Court of Alaska ruled that same-sex marriage is legal. The Supreme Court of the state did so in a case called Hamby v. Parnell.
- In the following year, the U.S. Supreme Court also ruled that same-sex marriage is legal. The U.S. Supreme Court did so in a case called Obergefell v. Hodges.
- As a consequence of these two cases, in Alaska and across the United States, same-sex marriages are now legal. As a result, a civil annulment for a same-sex married couple may also no longer be pursued on grounds solely related to the couple being of the same sex.
Note: State laws are always subject to change through the enactment of newly signed legislation and voter-approved ballot initiatives, higher court decisions, and other means. You should contact an Alaska family law attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
Consider reviewing the following resources for more information about all laws in Alaska, including those related to civil annulments and prohibited marriages:
- At Alaska Law, you'll find links to all laws of the state, including those related to civil annulments and prohibited marriages.
- At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.
Civil Annulments and Prohibited Marriages: Related Resources
Consider reviewing the following resources, as well, for more information about laws and legal issues related to civil annulments and prohibited marriages:
Need More Help? Contact an Attorney Today
If you're facing a legal issue related to a civil annulment or a prohibited marriage, it's advised that you contact a qualified family law attorney near you. They can assist you with all the legal issues and processes that may arise if you are considering an annulment or are going through one.