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North Dakota Annulments
Annulments in North Dakota
An annulment is difficult to obtain in North Dakota. Like a traditional divorce, an annulment ends a marriage. However, unlike a divorce, an annulment declares that a marriage is invalid or void, as if the marriage never happened. In North Dakota, an annulment does not affect the legitimacy of children born during the marriage. Even if a marriage is later annulled, children born while parents are married are legitimate. Additionally, an annulment does not affect custody or child support and works from a presumption of paternity. The terms and condition of an annulment are in North Dakota Statutes 14-04 et seq.
Grounds
Here are the seven grounds for annulment in North Dakota:
In some cases, statutes of limitations limit when such actions must commence. These include:
Procedure
An annulment in North Dakota requires a trial and hearing. Unlike a divorce, which can be granted upon written or sworn testimony without a trial, an annulment demands proof in court. The petitioner must file a petition for annulment. In the petition, the petitioner provides information about the partners and the marriage, any children, and the grounds for the annulment. After filing the petition, the petitioner arranges for service of the respondent. An adult, other than the petitioner, hand delivers the complaint and annulment papers to the defendant. The person serving the papers then completes an Affidavit of Service, which is returned to the court. Service of the papers includes a summons. In court, the petitioner brings evidence including documents and/or witnesses that can support his or her claims. An action for annulment can be brought by parents if their child was under age 18 and their consent was not obtained for the marriage or if their child lacks mental capacity. In the hearing, both partners testify and present other evidence so that the judge can determine whether an annulment is appropriate. If it is, the court grants an order voiding the marriage.
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