Montana Annulment Laws

Code Section
40-1-103, 40-1-401, 402

Lacking consent (mental, alcohol, duress, fraud, force); no physical capacity to consummate; underage; prohibited

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

Inside Montana Annulment Laws