In the realm of family law, misconceptions abound. One of the more persistent myths is that a person can annul their marriage simply because it lasted less than two years. In North Dakota, the reality is more complex. This blog post will dissect this misconception, provide legal context, and clarify the distinction between annulment and divorce under North Dakota law.

Understanding Annulment In North Dakota

Annulment is a legal declaration that a marriage is void, as though it never occurred. However, North Dakota law imposes strict requirements for annulments, which are codified in N.D.C.C. §14-04-01. The statute enumerates specific grounds under which a marriage may be annulled, such as:

1. Fraud – If one party was induced into the marriage through deceit.
2. Duress – If one party entered the marriage under threat or coercion.
3. Bigamy – If one party was already legally married to someone else.
4. Incest – If the marriage violates consanguinity laws.
5. Mental Incapacity – If one party lacked the mental capacity to consent to the marriage.
6. Underage Marriage – If one or both parties were underage and married without proper parental or court consent.

The duration of marriage is conspicuously absent from this list. Thus, a short marriage, by itself, does not meet the statutory grounds for annulment in North Dakota.

Annulment vs. Divorce: Key Differences

This misconception likely stems from a misunderstanding of the differences between annulment and divorce. Unlike annulment, divorce does not nullify a marriage but legally dissolves it. North Dakota is a no-fault divorce state, governed by N.D.C.C. §14-05-03, which allows divorce on grounds of irreconcilable differences. The length of the marriage can influence factors like property division or spousal support in a divorce, but does not qualify as a reason to void the marriage.

Why This Misconception Persists

The myth likely persists due to pop culture and misinformation. Television dramas often portray annulments as quick fixes for short-lived marriages. In reality, North Dakota’s legal system does not treat annulments as a remedy for impulsive or brief unions. For couples whose marriage has not worked out, the proper legal avenue is typically divorce.

Conclusion

The idea that a marriage lasting less than two years can automatically be annulled in North Dakota is a fallacy. Annulments are reserved for situations involving specific statutory defects in the marriage, not its duration. Understanding the nuances of family law can save parties from false expectations and guide them toward appropriate legal remedies. If you are considering annulment or divorce, please contact SW&L Attorneys’ Family Law Group to determine your best path forward.

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