Montana Annulment and Prohibited Marriage Laws
|Code Section||40-1-103, 40-1-401, 402|
|Grounds for Annulment||Lacking consent (mental, alcohol, duress, fraud, force); no physical capacity to consummate; underage; prohibited|
|Time Limits for Obtaining Annulment||Mental infirmity, alcohol, drugs: Within 1 yr. after knowledge; Force, duress, fraud: 2 yrs. after knowledge; Physical incapacity: Party must not know at time of marriage and must bring within 4 yrs.; Underage: Until age of majority; Prohibited: Anytime prior to death of parties.|
|Legitimacy of Children||Children born of invalid marriages are legitimate|
|Prohibited Marriages||Previous marriage undissolved; between ancestor and descendant, brother and sister, first cousins (half or whole blood), uncle and niece, aunt and nephew; same sex|
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