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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.
Primary Differences Between Divorce and Annulmentannulment arise from the same conceptual difference -- a divorce ends a marriage. In contrast, an annulment asserts that no valid marriage ever existed in the first place.
Montana has a "no fault" divorce law. To grant a divorce, the court must determine that: a) the couple has lived separately and apart for more than 180 consecutive days before the petition for divorce is filed; or b) there is serious marital discord between the parties and no reasonable prospect of reconciliation.
To get an annulment, you'll have to prove your marriage is "voidable," meaning it was valid, but should be nullified (voided or canceled) based on one of the following grounds: unsound mind--one spouse lacked the ability to give consent due to a mental impairment or the influence of drugs or alcohol.
Your nearest Local Court. the Forms page on the Local Court website200b.
An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never existed.
SHOP FOR A LAWYER. FILE THE PETITION AND WAIT. ATTEND COURT HEARINGS. WAIT FOR THE COURT'S DECISION. WAIT FOR THE DECLARATION OF FINALITY FROM OSG. FIX LOCAL CIVIL REGISTRY and PSA RECORDS. CHANGE OF LAST NAME FOR FEMALE SPOUSES. MOVING FORWARD.
Will a Divorce or Annulment Erase the Marriage Record? The short answer is No: A divorce or annulment will not erase the paper trail of a legal marriage because these legal proceedings are a part of the public, permanent record.
The spouse seeking the annulment must have relied on this fraud or misrepresentation at the time of the marriage. A spouse couldn't consent to the marriage because of mental incapacity, use of drugs, or use of alcohol.