Idaho Annulment and Prohibited Marriage Laws

Marriages can be annulled for any of these reasons under I.C. § 32-501 if:

• The party seeking the annulment was under the age of legal consent, and such marriage was contracted without the consent of their parents or guardian unless after attaining the age of consent, the party for any time freely cohabits with the other as spouses
• The former spouse of either party was living, and the marriage with the former spouse was then in force
• Either party was of unsound mind, unless the party, after coming to reason, freely cohabitate with the other as spouses
• The consent of either party was obtained by fraud, unless the party, with full knowledge of the facts constituting fraud, freely cohabited with the other as spouses
• The consent of either party was obtained by force unless the party freely cohabited with the other as spouses
• Either party, at the time of marriage, was physically incapable of entering into the married state, and such incapacity continues and appears to be incurable

Under I.C. § 32-502, the time limit for an annulment varies by the type of reason for annulment:

• Underage: Can be annulled by the parent anytime before their child reaches adulthood or by a person who married underage within four years of turning 18 years old
• Force or impotence: Can be annulled within four years of marriage
• Fraud: Can be annulled within four years of discovering the fraud
• Unsound mind and spouse living: Can be annulled anytime before death by the spouse or the relative or guardian of the party with an unsound mind

• Incestuous marriages: Idaho prohibited marriages it considers to be incestuous, which includes marriages between ancestor and descendant, brother and sister (half and whole blood), uncle and niece, aunt and nephew, and first cousins. (I.C. § 32-205, 206)
• Polygamous marriages: Marriages are considered polygamous or bigamous and invalid if either spouse was still married to another person. However, if a person's spouse has been missing for five years and is generally believed to be dead, they can remarry. (I.C. § 32-207)
• Chastity: Neither party to a contract to marry is bound by a promise made in ignorance of the other's want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other unless both parties participate in the chastity. (I.C. § 32-208)

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)