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Getting an Annulment in Montana When a marriage is invalid, a spouse (or a representative for a spouse in some cases) may file papers for an annulment in the Montana district court where one of the spouses lives. No case for annulment can be brought after the death of one of the spouses.

It was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage - for example you were forced into it.

An invalid marriage is, quite simply, a marriage arrangement that is not recognized as valid and legal by the law. Marriages that are found to be invalid may require an annulment instead of a divorce when the couple no longer wishes to be married, or when the marriage must be dissolved due to its invalidity.

Fraud: States may void a marriage if one spouse can prove that their partner misled them into the marriage.If one or both spouses were not physically present at the time, the marriage is invalid; and. Duress: Similar to fraud, a marriage may be invalid if one spouse proves that the other coerced them into the marriage

Mental incapacity. A person who is not legally capable of consenting to marriage based upon mental illness or incapacity, including incapacity caused by intoxication, may later seek an annulment. Underage marriage. If one or both spouses are below the legal age to marry, then the marriage is subject to being annulled.

Montana Petition for Invalidity of Marriage

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