US Legal Forms
Legal Resources
Questions & Answers
Marriage
Do I need an annulment if I had a marriage without a license?

Do I need an annulment if I had a marriage without a license?

Q: How long until a marriage cannot be annulled?

In most states, including Indiana, there is no strict time limit for seeking an annulment. However, it is generally advisable to file as soon as possible after discovering the grounds for annulment. Delaying may complicate the process or weaken your case, especially if the marriage has been consummated or recognized publicly.

Q: How to get a marriage annulled in Indiana?

To get a marriage annulled in Indiana, you must file a petition for annulment in the appropriate court. This petition should outline the grounds for annulment. You may need to provide evidence supporting your claims. It's recommended to consult with an attorney to navigate the legal process effectively.

Full question:

I was married by an ordained minister. There was never a marriage license pulled for this process do I need to get annulment?

Category: Marriage
Subcategory: Common Law Marriage
Date: 04/07/2025
State: Montana

Answer:

No, you may not need an annulment. In Montana, common law marriages are recognized, which means a marriage can be valid even without a license or formal ceremony if certain conditions are met. According to Montana law (Mont. Code Ann. § 40-1-403), common law marriages are valid.

To establish a common law marriage in Montana, the following three requirements must be proven:

The parties were competent to enter into a marriage.
The parties mutually consented to assume a marital relationship.
The parties confirmed their marriage through cohabitation and public recognition.

This was established in the case of In the Matter of the Estate of Ober, 62 P2d 1114, 314 Mont. 20, 2003 MT 7 (2003).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What qualifies you for an annulment in Indiana?

In Indiana, an annulment may be granted if the marriage was void or voidable. Common grounds include lack of capacity to marry, fraud, coercion, or if one party was underage without parental consent. Additionally, if the marriage has not been consummated, that may also qualify. It's important to consult with an attorney to explore your specific situation.

What are the two most common grounds for annulment?

The two most common grounds for annulment are lack of capacity to consent and fraud. Lack of capacity may involve mental incapacity or being underage, while fraud can include misrepresentation about significant aspects of the marriage, such as identity or intentions. Each state may have specific requirements, so it's wise to seek legal advice.

How long until a marriage cannot be annulled?

How to get a marriage annulled in Indiana?

Find a legal form that suits your needs

Browse our library of 85,000+ state-specific legal templates.

This field is required

Do we need a divorce if we never filed a marriage license?

Is my marriage valid if the officiant was unauthorized?

Is our marriage valid if solemnized by an unauthorized practitioner?

Is a marriage invalid if solemnized by an unauthorized person in West Virginia?