By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 26, 2023
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Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules, with each state having its own set of annulment and prohibited marriage laws that prohibit marriage in certain circumstances. A prohibited marriage is void because the marriage was never lawful. Generally, there's no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry their relative.
An annulment, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce 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 amount of time, so it is important to know the laws and act promptly if you are considering annulling your marriage.
This article provides a brief overview of annulment and prohibited marriages in the state of Idaho.
The chart below lists the details of Idaho's annulment and prohibited marriage statutes.
| Grounds for Annulment | Marriages can be annulled for any of these reasons under I.C. § 32-501 if:
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| Time Limits for Obtaining Annulment | Under I.C. § 32-502, the time limit for an annulment varies by the type of reason for annulment:
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| Legitimacy of Children | When a marriage is annulled for any reason, other than for fraud in that the wife is pregnant with the child of a man other than the husband, children begotten before judgment are legitimate and succeed to the estate of both parents. (I.C. § 32-503) |
| Prohibited Marriages |
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| Out-of-State Marriages | Marriages performed in other states are valid in Idaho if they were valid in the state or country in which they were contracted unless they violate the public policy of Idaho. (I.C. § 32-209) |
| Same-Sex Marriages | The U.S. Supreme Court's decision in Obergefell v. Hodges (2015) established that bans on same-sex marriage in any state violated the Fourteenth Amendment's equal protection clause, legalizing same-sex marriage in all of the United States. |
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(s) you are researching.
If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local family law attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your jurisdiction. Get started by receiving a consultation from a local family law attorney today.
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