How to File for an Annulment in Idaho

Annul My Marriage How to File for an Annulment in Idaho

How to Get a Marriage Annulled in Idaho

There are circumstances in a marriage when an annulment is preferable to a divorce. If you live in Idaho, you can get an annulment in Idaho if certain circumstances are met. Whether you choose an annulment or divorce, you are still dissolving a marriage and have to go through the courts to finalize the process. DoNotPay can explain why an annulment might be a better option for you.

What Is an Annulment in Idaho?

Divorce is much more common in the US.  A divorce happens when a marriage is legally terminated and the respective spouses are declared legally single again.

Annulments in Idaho also dissolve the union, but from a legal standpoint, it never happened. Spouses are not declared single because, in the eyes of the court, they were never married.  An annulment declares a marriage to be "legally void"—an expensive way of saying that the marriage contract is mutually voided, and it basically never happened.

Some religious faiths don't recognize divorce, so a civil annulment allows the couple to seek a religious annulment, which allows the former spouses to never have been married in the eyes of their church.

Why Would You Choose an Annulment Over Divorce?

Some couples try to get their marriage annulled because it is much simpler than a divorce. Since you are attesting that the marriage effectively didn't happen, the property settlements that make divorces such a headache aren't an issue. If there are no children, this is an especially appealing option.

Getting an Annulment in Idaho

Here is a quick breakdown of the rules for Idaho annulments.

Who Can File For an Annulment Here?

In Idaho, more than one person can file for an annulment. Options include a:

  • Spouse
  • Family member
  • Legal guardian

In some circumstances, you can even get an annulment without the other person.

What Are the Grounds for an Idaho Annulment?

Couples who want a quickie annulment are usually disappointed to find out that you have to meet certain criteria to go this route. There are only six reasons that the state of Idaho accepts. They are:

Being UnderageOne partner was a minor when the marriage happened and did not get the parents' permission, AND the spouses are not cohabitating after the minor comes of age.
BigamyOne spouse is already married and committing bigamy.
CoercionOne spouse used force to coerce the other into the marriage. If the coerced spouse decides to live together after the marriage, it cannot be annulled.
Mental IncompetenceOne spouse was mentally ill at the time of the marriage and has not yet recovered. If they recover and still choose to live with their spouse, they lose the mental incompetence grounds.
Physical LimitationsOne spouse has a chronic and incurable physical limitation that makes them unable to enter into marriage.
FraudOne spouse committed fraud to get the other to agree to the marriage.

Can I File For an Annulment Any Time?

If your circumstances meet the criteria for an annulment, the next thing you need to do is determine if the statute of limitations has expired for that particular reason. Consider these restrictions:

  • Minors have four years within coming of age—the age of consent for marriage is 16. The child's parents can file any time before they reach their majority.
  • If bigamy is the issue, there is no time limit.
  • For fraud, the deceived partner has four years from the time they learned of the deceit. The same time limit also applies to cases of a forced marriage or physical incapacity.
  • If one spouse is mentally ill, the healthy spouse must file while the other is still alive. Another relative or guardian may also file on the incapacitated person's behalf.

How Do I File?

If you believe you have the grounds for an annulment, the first step is to file a "petition for annulment" at your county courthouse. You'll state why you're petitioning the court and why you believe the court should grant the annulment. It will cost $139.

The problem for most Idahoans who want to annulment is that the forms are not easily found online, and the courthouses are only open during normal business hours. Adding to that, attorneys are expensive, and since there isn't a property settlement with an annulment, you may not even need one.

DoNotPay Is Here to Get You Started

This is where DoNotPay can solve your problem. We can file the initial paperwork for you, so you can be sure everything is in order when you file. Here's how:

1. Search for Annulment on the DoNotPay website.

 

2. Kick off the process to see if your marriage is eligible for an annulment.

 

3. Answer some specific questions about your marriage and see if your state law allows for an annulment.

 

Can DoNotPay Help Me with Other Parts of My Annulment?

Any time a marriage ends, there are lots of loose ends that need resolution, regardless of whether you're dividing property. DoNotPay can help you with the details of untangling things, especially if there is ill will on one side.

Recover missing money, get help with credit cards, and file insurance claims with the push of a button.  DoNotPay can also help you ensure your safety, helping you get the paperwork in order to stop stalking and harassment.

If you're divorcing, we can save you thousands with:

  1. Divorce settlement agreements
  2. Divorce certificates
  3. Getting those documents notarized

Sign up today to get started.

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