File a Marriage Annulment in Montana

Annul My Marriage File a Marriage Annulment in Montana

Get a Marriage Annulment in Montana Hassle-Free

In the US, over 875,000 divorces and annulments take place annually. Less than 1% of them are annulments. An annulment in Montana is only possible in limited and specific situations.

If you'd like to file a Montana annulment (and are eligible to do so under the state laws), you need not undergo the annulment process alone; DoNotPay can handle the procedure on your behalf so that you can focus on other important aspects of your life.

If you're ready to petition for your annulment, DoNotPay can write up a letter to the local family court to start your annulment process. Suppose you're contemplating an annulment but aren't ready yet because you want to assess other options; in that case, we can offer you an annulment guide with insights into other alternatives that might suit you.

What Is an Annulment?

An annulment is the legal/civil court process that declares a marriage legally void or never existed. You can only be eligible for an annulment in very limited and specific circumstances. Typically, it's recommended that you hire an annulment attorney Montana to advocate for you in a family court.

If you're wondering what "legally void" is, here's what it means: void means that a document, transaction, or action (in this case, marriage) has no legal effect whatsoever. It's an absolute nullity, and the law treats it as if it never happened or existed in the first place. For instance, if you got married under duress or were intoxicated, that marriage is regarded as null and void.

When a family court judge declares a marriage annulled, the marriage is legally void, and the couple was never married from the start. A Montana annulment differs from divorce in that the state recognized that the marriage existed, but the union ended through a court order.

What Is an Annulment in Montana?

Your marriage annulment in Montana may be valid if: 

  1. You were married under duress
  2. Forced to marry
  3. You married under the influence of alcohol
  4. Were mentally incapacitated to make a rational decision to get married

Additionally, Montana laws prohibit any underage marriage. The state's laws don't allow marriage through consummation. You also can't get married if you already have a spouse unless you have your legally-recognized divorce papers.

Grounds for Getting an Annulment in Montana

In Montana, there are specific circumstances in which a spouse may petition the court for a marriage annulment. The grounds for annulment include the following:

  • Bigamy – One spouse was legally married to another living person when the subsequent marriage was initiated.
  • Kinship – Montana laws prohibit marriages between relatives (parent and child, brother and sister, aunt and nephew, uncle and niece).
  • Incapacitation, whether physical or mental or under the influence at the time of marriage
  • A marriage was fraudulent, forced, or a spouse married under duress
  • One or both spouses were underage

The table below summarizes information on annulment in Montana.

Code Sections26.04.010, 26.04.020, 130; 26.09.040
Grounds for AnnulmentLacking consent (mental, alcohol, duress, fraud, force); no physical capacity to consummate; underage; prohibited.
Time Limits for Obtaining Annulment
  • Mental infirmity, alcohol, drugs: Within one (1) yr. after knowledge
  • Force, duress, fraud: two (2) yrs. after knowledge
  • Physical incapacity: Party must not know at the time of marriage and must bring within 4 years
  • Underage: Until the age of majority; Prohibited: Anytime prior to the death of parties.
The Legitimacy of ChildrenChildren born of invalid marriages are legitimate. The court may make orders about child custody and visitation, as well as child support.
Prohibited MarriagesPrevious marriage undissolved; between ancestor and descendant, brother and sister, first cousins (half or whole blood), uncle and niece, aunt and nephew.

How to Get a Marriage Annulled in Montana

When your marriage is legally void, you (or your representative in some circumstances) can petition for an annulment by filing papers in the Montana district court located in your (or your spouse's) area of residence. That means you don't need the agreement of your spouse for an annulment to happen.

Typically, you'll need to fill out an annulment form, which requires you to provide the following details:

  • Personal information (name, state, and county of residence)
  • Date when the marriage license was issued
  • Facts showing the grounds for annulment
  • Whether or not you had children with your spouse
  • Whether or not the property was accumulated during the marriage

How Much Does an Annulment Cost in Montana?

The fees you pay for an annulment in Montana depend on various factors. Still, you can expect to incur lower costs than a divorce if your spouse doesn't contest. Usually, the fees might vary from $100 - $400.

Get an Annulment in Montana Instantly With the Help of DoNotPay

At DoNotPay, we understand the circumstances in which you can file for annulment under Montana laws. If you were married under duress, fraudulent marriage, under the influence, or physical or mental incapacitation, DoNotPay can help you petition for an annulment.

We feel tacitly mandated to guide you through Montana state marriage and annulment laws to determine whether you are eligible for a marriage annulment. If you qualify, we can help you in the following two ways:

  1. Write a petition letter to your local district court if you're ready to file for annulment.
  2. Provide a helpful annulment information guide if you're considering petitioning for an annulment but would first like to assess other options.

Steps for Filing for Annulment Using DoNotPay

If you're ready to file for an annulment in Montana but don't know where to start, you can leverage DoNotPay for help. Here is the three-step procedure on how to use DNP:

  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.

     

That's it! If you're eligible for an annulment, we'll draft a letter and send it to your local family court to petition for your annulment on your behalf.

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