Can I get an annulment?
In Montana, an annulment is the legal process of declaring a marriage null and void. This means that the law considers the marriage to have never been valid in the first place, so the annulment essentially “erases” the marriage. Annulments require a showing that the marriage was either void or voidable. A void marriage is one that was not legally valid in the first place, like when two parties are related or if one person is already married. A voidable marriage is one that is invalidated due to certain factors such as fraud or duress. Under Montana law, you can seek an annulment if: (1) both spouses agree to it, (2) if either spouse is under the age of consent and the consent of at least one of the spouses’ parents was not obtained, (3) if either spouse was too drunk or mentally incapacitated to understand the nature of the marriage, or (4) if either spouse was forced into the marriage. In Montana, it is important to note that annulments are not as common as divorces and the legal process is more complicated. To get an annulment in Montana, you’ll need to prove that your marriage meets one of the criteria listed above and you’ll need to file a petition in the state court. You should also be aware that annulments in Montana take longer to process than divorces and can be more costly. Before you decide to seek an annulment, you should consult with an attorney to make sure that it is the best choice for your situation.
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