Grounds for Annulment in North Dakota
In North Dakota, an annulment is a legal procedure that declares a marriage null and void. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never existed. The grounds for annulling a marriage in North Dakota are outlined in Chapter 14-04-01 of the North Dakota Century Code.
Age of Consent
One of the grounds for annulling a marriage in North Dakota is if one party was under the age of legal consent at the time of the marriage. According to Section 14-03-02 of the North Dakota Century Code, the lawful age for marriage is eighteen years. If a person is between sixteen and eighteen years of age, a marriage license may not be issued without the consent of the parents or guardian. A marriage license may not be issued to any person below the age of sixteen, notwithstanding the consent of the parents or guardian. If such consent was not obtained, or if the party was under the age of sixteen, the marriage can be annulled.
Prior Existing Marriage
Another ground for annulment is if the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force. This means that if either party was already legally married at the time of the second marriage, the second marriage is void and can be annulled.
Mental Incapacity
A marriage can also be annulled if either party was of unsound mind at the time of the marriage, unless such party, after coming to reason, freely cohabited with the other as husband or wife. This means that if a party was mentally incapable of understanding the nature and consequences of marriage at the time of the marriage, the marriage can be annulled.
Procedure for Annulment
To obtain an annulment in North Dakota, an action must be filed in the district court. The party seeking the annulment must prove the existence of one of the grounds for annulment outlined in Chapter 14-04-01 of the North Dakota Century Code. The court will then issue a decree of nullity if it finds that the marriage is void.
Serving the Summons
The party seeking the annulment must serve a summons on the other party. The summons is a legal document that notifies the other party of the action and requires them to respond. According to Rule 8.4 of the North Dakota Rules of Court, the summons must include a notice of temporary restraining provisions, which prevent both parties from disposing of assets, harassing each other, changing insurance coverage, or removing minor children from North Dakota without written consent or a court order.
Judgment by Default
If the other party fails to respond to the summons within twenty-one days, a judgment by default may be taken against them. This means that the court may grant the annulment without further input from the other party.
Conclusion
Obtaining an annulment in North Dakota involves a complex legal process. It requires proving the existence of specific grounds for annulment and following the correct legal procedures. Therefore, it is advisable to seek legal counsel when seeking an annulment in North Dakota.