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Montana Annulment and Prohibited Marriage Laws

More Information on Annulment and Prohibited Marriage Laws

Code Section40-1-103, 40-1-401, 402
Grounds for AnnulmentLacking consent (mental, alcohol, duress, fraud, force); no physical capacity to consummate; underage; prohibited
Time Limits for Obtaining AnnulmentMental 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 ChildrenChildren born of invalid marriages are legitimate
Prohibited MarriagesPrevious 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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