There is a newer version of the North Dakota Century Code
2009 North Dakota Code
14 Domestic Relations and Persons
14-04 Annulment of Marriage
Download pdfof the marriage: 1. That the party in whose behalf it is sought to have the marriage annulled was under
the age of legal consent, as defined in section 14-03-02, or that such party was of
such age as to require the consent of the party's parents or guardian and such
marriage was contracted without such consent, unless, after attaining legal age,
such party freely cohabited with the other as husband or wife. 2. That the former husband or wife of either party was living, and the marriage with
such former husband or wife was then in force. 3. That either party was of unsound mind, unless such party, after coming to reason,
freely cohabited with the other as husband or wife. 4. That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other
as husband or wife. 5. That the consent of either party was obtained by force, unless such party afterwards
freely cohabited with the other as husband or wife. 6. That either party was at the time of the marriage physically incapable of entering into
the marriage state, and such incapacity continues and appears to be incurable. 7. That the marriage was incestuous. 14-04-02. Action to annul - Limitations of time. An action to obtain a decree of nullity of marriage for causes mentioned in section 14-04-01 must be commenced within the periods
and by the parties as follows: 1. For causes mentioned in subsection 1, by the party to the marriage who was
married under the age of legal consent, within four years after arriving at the age of
consent, or by the party's parents or guardian at any time before such party has
arrived at the age of legal consent. 2. For causes mentioned in subsection 2, by either party during the life of the other, or
by such former husband or wife. 3. For causes mentioned in subsection 3, by the party injured, or a relative or guardian
of the party of unsound mind, at any time before the death of either party. 4. For causes mentioned in subsection 4, by the party injured, within four years after
the discovery of the facts constituting the fraud. 5. For causes mentioned in subsections 5 and 6, by the injured party, within four years
after the marriage. 6. For causes mentioned in subsection 7, by either party at any time. 14-04-03. Legitimacy of children. When a marriage is annulled, children begotten before the judgment are legitimate and succeed to the estate of both parents. Page No. 1 14-04-04. Custody of children. The court shall award the custody of the children of a marriage annulled on the ground of fraud or force to a party based upon the best interests and
welfare of the child criteria set forth in chapter 14-09. 14-04-05. Effect of judgment. A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them. Page No. 2 Document Outline chapter 14-04 annulment of marriage
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