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Annulments in Idaho
Idaho annulments are described in Code Section32-201-207, 501 to 503.
In Idaho, the grounds for annulment are:
The courts must award custody of children in fraud or force-based annulments to the innocent parent, which means the parent who was lied to or abused. Moreover, Idaho courts may require the guilty parent - the parent who exerted forced or perpetrated the fraud - to pay for the children's education and maintenance.
Annulled partners cannot claim to be surviving spouses.
An annulment makes the parties single people who can remarry. In Idaho, the children "are legitimate and succeed to the estate of both parents," which means that they enjoy the same rights as the children of parents who are married or divorcing. The only exception is if the annulment was based on the fraud that the wife was pregnant with another man's child at the time of marriage. The Idaho court makes necessary orders for the support of said child or children as the circumstances and surroundings of the parents may require"; therefore, the court will order child support, custody, and visitation.
Here are the timelines for filing for an annulment:
The appellant files a petition for annulment, which explains the legal basis for the annulment and advances reasons why the court should grant it. The petitioner must file in the county court of residence and must prove that the grounds for filing for an annulment are legally appropriate.
Idaho lacks statutory authority to award alimony or divide property or debts as part of an annulment case. The spouses can work out a property agreement designed to restore them to the financial position they were in before the annulment.
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