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Indiana Annulment and Prohibited Marriage Laws

Perhaps the shine has worn off of your Hoosier State romance, and you're wondering what legal options you have for ending your marriage. Figuring out whether a legal separation, summary dissolution, annulment, or divorce is right for you can make your head spin. Each legal proceeding has strict rules regarding what circumstances it covers and to whom it may apply. So here's a brief introduction to one of those processes: annulment and prohibited marriages in Indiana.

Annulments and Prohibited Marriages

Most of us have dreamed about getting married, but not all marriages are allowed. Every state has its own set of annulment and prohibited marriage laws that disallow marriage in certain situations. Indiana laws, for example, do not recognize common law marriages.

Annulment Laws in Indiana

Below, you'll find more information on Indiana annulment and prohibited marriage laws, including a list of the types of marriages that are prohibited in the Hoosier State.

Code Sections

31-11-8-1, et seq. 31-13-1-1, 31-13-1-2, 31-13-1-3, 31-13-2-1.

Grounds for Annulment

Underage or mentally incompetent to consent; obtained by fraud; unsound mind; married in another state with intent to evade marriage laws of Indiana

Time Limits for Obtaining Annulment


Legitimacy of Children

Children of incestuous marriage are legitimate; child conceived before marriage is annulled is legitimate

Prohibited Marriages

More closely related than second cousin unless first cousins married after September 1, 1977, and both 65 at marriage; bigamous marriages; common law

Same-Sex Marriage in Indiana

Indiana now recognizes same-sex marriage, following a busy 2014 in the federal courts. A September 2014 decision in the 7th U.S. Circuit Court of Appeals held that Indiana's ban on gay marriage was unconstitutional. The state appealed this decision, which put gay marriage unions on hold temporarily, but the U.S. Supreme Court refused to hear the appeal, effectively legalizing gay marriage in Indiana. By 2015 the U.S. Supreme Court was willing to hear Obergefell v. Hodges, a substantially similar case relating to state bans on same-sex marriage. The Court ruled that state bans on same-sex marriage violated the Fourteenth Amendment's guarantee of equal protection, making same-sex marriage available in all 50 states.

To stay updated on the latest legal developments, you can visit FindLaw’s Same-Sex Marriage section and view a list of states that allow same-sex marriage.

Related Resources for Indiana Annulment and Prohibited Marriage Laws

The decision to end a marriage is never an easy one, especially so if you are wondering whether or not your marriage was legal to begin with. If you would like legal assistance with a marriage case, you can contact an experienced Indiana divorce attorney. You can also find more articles and resources regarding this topic by visiting FindLaw’s sections on Annulment, Divorce, and Indiana Family Law.

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