By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 30, 2023
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Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws that prohibited 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 a 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 had been 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 North Dakota.
The following chart lists additional details about North Dakota's laws regarding annulment and prohibited marriage. See FindLaw's Marriage Law section to learn more.
Grounds for Annulment |
Under N.D. Cent. Code § 14-04-01, a marriage may be annulled by an action in the district court to obtain a decree of nullity for any of the following causes existing at the time of the marriage:
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Time Limits for Obtaining Annulment |
Under N.D. Cent. Code § 14-04-02, an action to obtain a decree of nullity of marriage for causes must be commenced within the time periods and by the parties as follows:
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Legitimacy of Children |
When a marriage is annulled, children begotten before the judgment are legitimate and succeed to the estate of both parents (N.D. Cent. Code § 14-04-03) |
Prohibited Marriages |
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Same-Sex Marriage |
The U.S. Supreme Court's decision in Obergefell v. Hodges (2015) established that bans on same-sex marriages in any state violated the Fourteenth Amendment's equal protection clause, legalizing same-sex marriage in all of the United States. On December 13, 2022, President Joseph R. Biden, Jr. also signed into law the Respect for Marriage Act, which codified laws related to protections for same-sex marriage. |
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 North Dakota divorce attorney.
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