Marriage Annulment Rules in Idaho
- Having a marriage annulled means the court has ordered that it never legally existed. The state of Idaho will grant an annulment in a limited scope of circumstances. You must file a petition with the county court in which you live, and must prove that the grounds on which you are filing for an annulment are legally appropriate.
- You can file an annulment if you got married under the legal age of consent--14 in Idaho--and did not have the permission of your parents or guardian. You or a family member or guardian can file a petition for an annulment within four years of reaching the age of consent. You will void this right, however, if you continue to freely live with the person you married after reaching the age of consent.
- The court will grant an annulment if you discover and can prove your spouse was already married to someone else. You can file this petition at any time as long as your spouse is still alive.
- If you or your spouse was of unsound mind--which might include being under the influence of drugs or alcohol, or suffering some sort of circumstance that impaired judgment--at the time of the marriage, the court can grant an annulment as long as you do not cohabitate freely once sound mind has been restored. Either party, or a relative or guardian of the party having an unsound mind may file for an annulment.
- If you discover your spouse committed some sort of fraud or misrepresented himself, you can file for an annulment within four years of discovering the information. Examples include concealing a sexually transmitted disease, true sexual orientation, sterility or a criminal history. You cannot file for an annulment, however, if you continue to live freely with your spouse after discovering the damaging information.
- You can file for an annulment if your consent to marriage rested on force by the other party. You can file within four years of marriage if you did not openly live with the person after the marriage took place.The court will likely take a variety of factors into account when determining force such as age, mental capacity and the type of force.
- If your spouse cannot engage in sexual activity due to some sort of physical incapacity present at the time of marriage--like impotence--and the problem appears permanent, you can file for an annulment within four years of the marriage taking place.
Marriage and Legal Consent
Bigamy
Unsound Mind
Fraud or Deception
Marriage by Force
Sexual Function
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