Alaska
Alaska Annulment Laws: Void Marriages, Grounds and Filing (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 6 primary sources cited on this page. How we verify our legal content
Alaska has no court action called an annulment, but a spouse can ask the court to declare the marriage void. AS 25.24.010 provides that "A husband or wife may maintain an action against the other for divorce or to have the marriage declared void," and AS 25.05.021, 25.24.020 and 25.24.030 set out the marriages that are void or can be declared void.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers actions to declare a marriage void under Alaska Statutes Title 25, chapters 25.05 (marriage) and 25.24 (divorce and dissolution), including AS 25.05.021, 25.05.031, 25.05.041, 25.05.051, 25.05.061, 25.05.171, 25.05.311, 25.24.010, 25.24.020, 25.24.030, 25.24.040, 25.24.080, 25.24.160 and 25.24.165. It does not cover religious annulment beyond one note, inheritance effects, or other states' law. For divorce, see Alaska divorce laws.
Can you get an annulment in Alaska?
Not under that name. The Alaska Court System's self-help page states: "In Alaska there is no court action called an annulment, but a court may declare a marriage void." The statutory basis is AS 25.24.010: "A husband or wife may maintain an action against the other for divorce or to have the marriage declared void."
The court self-help page describes the result as "a judicial statement that there never was a marriage." The statute gives the court some flexibility: under AS 25.24.040, the other spouse may ask the court to declare the marriage valid, and "The court may determine if the marriage is void from the beginning or from the time of the judgment or that it is valid."
Alaska law separates two kinds of defective marriages. Some are void by statute from the start. Others are valid unless and until the court declares them void, and those grounds can be lost through later conduct.
Void marriages in Alaska
| Situation | What the statute says | Cite |
|---|---|---|
| Prior marriage still in force | "Marriage is prohibited and void if performed when (1) either party to the proposed marriage has a husband or wife living" | AS 25.05.021(1); 25.24.020 |
| Close relatives | Void if "the parties to the proposed marriage are more closely related to each other than the fourth degree of consanguinity, whether of the whole or half blood, computed according to rules of the civil law" | AS 25.05.021(2); 25.24.020 |
| No license | "A marriage contracted after January 1, 1964, is void unless a license has first been obtained as provided in this chapter." | AS 25.05.061 |
| No solemnization | "A marriage contracted after January 1, 1964, is void unless the marriage has been solemnized as provided in this chapter." | AS 25.05.311 |
The kinship rule is stated in degrees, not as a list of named relatives. This page does not translate "the fourth degree of consanguinity" into specific relationships such as cousins; a lawyer licensed in Alaska can explain how the civil-law computation applies to a particular family relationship.
For the license and solemnization defects, the statutes also provide for validation by later compliance, and when that happens the children of the marriage are legitimate (AS 25.05.061, 25.05.311).
Paperwork defects are treated differently from having no license at all. If a marriage is otherwise lawful and was consummated in the full belief of either spouse that they were lawfully married, it is not voidable because the licensing officer lacked jurisdiction, the license or application had an irregularity of form, or the marriage was solemnized after the license expired (AS 25.05.041(a)). And if a license was issued and the marriage solemnized, and the couple then lived together as husband and wife for one year or until either died, the marriage is not void or voidable solely because the license cannot be produced (AS 25.05.041(b)).
Voidable marriages: grounds the court may declare void
Under AS 25.24.030, the court may declare a marriage void on five grounds. AS 25.05.031 limits who may sue: the action may be brought "only at the suit of the party under the disability," or the party on whom the force or fraud was imposed.
| Ground | Who may file | When the ground is lost | Cite |
|---|---|---|---|
| Under the age of legal consent, married without consent of a parent, guardian or person in charge | The party under the disability | If, "after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife" | AS 25.24.030(1); 25.05.031 |
| Unsound mind | The party under the disability | If "that party, after coming to reason, freely cohabited with the other as husband and wife" | AS 25.24.030(2); 25.05.031 |
| Consent obtained by fraud | The party on whom the fraud was imposed | If that party "afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife" | AS 25.24.030(3); 25.05.031 |
| Consent obtained by force | The party on whom the force was imposed | If that party "afterwards freely cohabited with the other as husband and wife" | AS 25.24.030(4); 25.05.031 |
| Failure to consummate | Not defined for this ground (see below) | The statute states the ground as "failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action" | AS 25.24.030(5) |
Non-consummation. Section 25.05.031 limits suits to "the party under the disability," but the statutes do not say who that is when the ground is failure to consummate. The court's self-help page says that sexual relations after the marriage remove this ground.
Time limits. The statutes cited here do not set a filing deadline for these grounds. The limits they do set are the cohabitation bars in AS 25.24.030 and the requirement that a failure to consummate still be continuing when the action begins. AS 25.24.080, which says the action "may be brought at any time," is a residence rule: it means that for a solemnized marriage a resident plaintiff need not wait out a residency period, not that the action has no deadline. This page does not cover what happens to a claim after a spouse's death.
Underage marriage in Alaska
Alaska tightened its age rules in 2022. Chapter 67, SLA 2022 (House Bill 62) amended AS 25.05.171(b) to raise the youngest age at which a judge may permit a marriage from 14 to 16. A judge may now grant permission for a person "who has reached the age of 16 but is under the age of 18 to marry," and the law kept the requirements of a court hearing, a best-interest finding and a limit that the other party be not more than three years older. The same act, effective November 30, 2022, repealed AS 25.05.171(a) and two paragraphs of AS 25.05.041(a) (the remaining paragraphs were renumbered).
Under AS 25.05.011(a), a person may marry at 18, with judicial permission, or on active military status. The sections cited on this page do not make an underage marriage void; nonage remains a ground on which the court may declare a marriage void, on the terms in the voidable table above (AS 25.24.030(1), 25.05.031).
How to file in Alaska
Court. AS 25.24.010 does not name the court. The divorce and legal separation provisions in the same chapter refer to the superior court, and the court system's self-help center is the place to ask where to file.
Residency. For a solemnized marriage, a resident plaintiff may bring the action at any time (AS 25.24.080); the statute states no minimum period of residence. AS 25.24.090 addresses residence when the marriage was not solemnized in Alaska.
Forms. The Alaska Court System says: "There are no court forms to ask the court to declare a marriage void. You need to consult with an attorney if you want to file a case to void a marriage."
Children, support, property and name
In "a judgment in an action for divorce or action declaring a marriage void or at any time after judgment," AS 25.24.160(a) lets the court provide for:
- Child support for children of the marriage (AS 25.24.160(a)(1)). For custody, see Alaska child custody laws.
- Spousal maintenance, "without regard to which of the parties is in fault" (AS 25.24.160(a)(2)).
- Division of property (AS 25.24.160).
Children's status. The statutes expressly make children legitimate in specific situations: a void license or solemnization defect later validated (AS 25.05.061, 25.05.311) and the good-faith subsequent marriage described in the next section (AS 25.05.051). The sections this page covers do not contain a general statement about children of every void marriage.
Name. "In a judgment in an action for divorce or action declaring a marriage void, the court may change the name of either of the parties" (AS 25.24.165(a)). Restoring a prior name does not require the published notice and hearing that apply to a new name (AS 25.24.165(b)); a person on probation or parole, in Department of Corrections custody, required to register as a sex offender, or facing a pending charge must tell the court (AS 25.24.165(d)).
Inheritance. This page does not cover the probate effects of a void-marriage judgment.
Good-faith marriages
Alaska has a statute for one good-faith situation: a person who marries while a former marriage is still in force. Under AS 25.05.051, if the parties continue to live together in good faith after the impediment is removed, "they are legally married from the time of removal of the impediment, and the issue of the subsequent marriage are the legitimate issue of both parents, whether born before or after the removal of the impediment." This is not a general putative-spouse rule on property or support, and this page does not cover whether Alaska courts recognize one.
Annulment vs. divorce in Alaska
A divorce restores the parties "to the state of unmarried persons" after a valid marriage (AS 25.24.180), while a void-marriage judgment declares that the marriage was void. See Alaska divorce laws for divorce grounds and procedure, and Alaska common-law marriage if you are unsure whether you were legally married.
Church annulments. The Alaska Court System states: "Church annulments are not recognized under state law. This means that a church annulment does not affect anything that is determined by civil law such as child custody, visitation rights, division of property and debt, spousal support, restoring a maiden name, etc."
Disclaimer: This article provides general legal information about actions to declare a marriage void under Alaska Statutes chapters 25.05 and 25.24. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Alaska or the Alaska Court System's Family Law Self-Help Center.
Related
- Annulment laws in every state
- Alaska divorce laws
- Alaska common-law marriage
- Alaska child custody laws
- Alaska marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Does Alaska have annulment?
Not by that name. Alaska has an action to have the marriage declared void (AS 25.24.010), and the court system says there is no court action called an annulment.
What are the grounds to void a marriage in Alaska?
A marriage is void for a living prior spouse, close kinship, or (after 1964) no license or no solemnization (AS 25.05.021, 25.05.061, 25.05.311). The court may also declare it void for nonage without consent, unsound mind, fraud, force or failure to consummate (AS 25.24.030).
Is there a deadline to void a marriage in Alaska?
The statutes cited here set no fixed filing period, but the nonage, unsound mind, fraud and force grounds are lost if the spouse later freely cohabits as AS 25.24.030 describes, and failure to consummate must still be continuing when the case is filed (AS 25.24.030(5)).
Are there court forms to void a marriage in Alaska?
No. The Alaska Court System says there are no court forms to ask the court to declare a marriage void and that you need to consult an attorney.
Can I get spousal support if my Alaska marriage is declared void?
The court may award maintenance in a judgment declaring a marriage void, without regard to which party is at fault (AS 25.24.160(a)(2)).
Does a church annulment count in Alaska?
No. The Alaska Court System says church annulments are not recognized under state law and do not affect custody, property, support or name restoration.
What is the minimum age to marry in Alaska?
Eighteen, unless a superior court judge grants permission to a 16- or 17-year-old under AS 25.05.171(b), or the person is on active military status (AS 25.05.011(a)). The floor for judicial permission rose from 14 to 16 in 2022.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Alaska Statutes, Title 25. Marital and Domestic Relations, Chapter 24. Divorce and Dissolution of Marriage
§ 25.24.030Voidable marriagesIn force
A marriage may be declared void for any of the following causes existing at the time of the marriage: (1) that the party in whose behalf it is sought to have the marriage declared void was under the age of legal consent, and the marriage was contracted without the consent of the parents, guardian, or person having charge of that party, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife; (2) that either party was of unsound mind, unless that party, after coming to reason, freely cohabited with the other as husband and wife; (3) that the consent of either party was obtained by fraud, unless that party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) that the consent of either party was obtained by force, unless that party afterwards freely cohabited with the other as husband and wife; (5) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
§ 25.24.020Void marriagesIn force
A marriage which is prohibited by law on account of consanguinity between the persons, or a subsequent marriage contracted by a person during the life of a former husband or wife which marriage has not been annulled or dissolved is void.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
§ 25.24.080Residence requirements for action to declare marriage voidIn force
When a marriage has been solemnized and the plaintiff is a resident of the state, an action to declare the marriage void may be brought at any time.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
§ 25.24.165Change of name in divorce or annulmentIn forcecited in 2 of our articles
(a) In a judgment in an action for divorce or action declaring a marriage void, the court may change the name of either of the parties. (b) If a party seeks a change of name to a name other than a prior name, the court shall set a date for hearing not less than 40 days after filing of the action. Notice of the application for a change of name to a name other than a prior name and the date of the hearing shall be published once each week for four consecutive calendar weeks before the hearing in a newspaper of general circulation in the judicial district. The court may also require posting of the notice at locations it considers appropriate. The court shall by judgment authorize the party to assume the new name not less than 30 days after issuance of the judgment, if the court is satisfied that no reasonable objection exists to assumption of the new name. Within 10 days after issuance of the judgment the party shall publish notice of the approval of the name change in a newspaper of general circulation in the judicial district. The court may also require the posting of a copy of the judgment.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Also relied on in: Alaska Name Change Laws: Court Process, Fees, and Forms
Alaska Statutes, Title 25. Marital and Domestic Relations, Chapter 05. Alaska Marriage Code
§ 25.05.021Prohibited marriagesIn forcecited in 3 of our articles
Marriage is prohibited and void if performed when (1) either party to the proposed marriage has a husband or wife living; or (2) the parties to the proposed marriage are more closely related to each other than the fourth degree of consanguinity, whether of the whole or half blood, computed according to rules of the civil law.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Batey v. Batey (Alaska Supreme Court 1997, 933 P.2d 551)“…es not dispute that her marriage to Michael was void. See AS 25.05.021(1) ("Marriage is prohibited and void if…”
- Rand Joseph Hooks Jr. v. Dawn Corretta Dennis (Alaska Supreme Court 2014)“…n remarries and the parties to 1 See AS 25.05.021(1) (providing marriage is void if perfo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Marriage License Requirements 2026: $60 Fee, 3-Day Wait, Common Law Marriage in Alaska: Is It Recognized? (2026)
§ 25.05.031Voidable marriagesIn force
If either party to a marriage is incapable of consenting to it at the time of the marriage for want of marriageable age of consent or sufficient understanding, or if the consent of either party is obtained by force or fraud, or if either party fails to consummate the marriage, the marriage is voidable but only at the suit of the party under the disability or upon whom the force or fraud is imposed.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
§ 25.05.051Effect of existing former marriageIn force
If, during the lifetime of a husband or wife with whom a marriage is still in force, a person remarries and the parties to the subsequent marriage live together as husband and wife, and one of the parties to the subsequent marriage believes in good faith that the former husband or wife is dead or that the former marriage has been annulled or dissolved by a divorce or is without knowledge of the former marriage, then after the death or divorce of the other party to the former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, they are legally married from the time of removal of the impediment, and the issue of the subsequent marriage are the legitimate issue of both parents, whether born before or after the removal of the impediment.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
§ 25.05.171Judicial permission to marryIn forcecited in 4 of our articles
(a) [Repealed, 8 ch 67 SLA 2022.] (b) A superior court judge may grant permission for a person who has reached the age of 16 but is under the age of 18 to marry and may order the licensing officer to issue the license if the judge finds, following a hearing at which the parents and minor are given the opportunity to appear and be heard, that the marriage is in the best interest of the minor, that the other party to the marriage is not more than three years older, and that either (1) the parents have given their consent; or (2) the parents are (A) arbitrarily and capriciously withholding consent; (B) absent or otherwise unaccountable; (C) in disagreement among themselves on the question; or (D) unfit to decide the matter.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- RLR v. State (Alaska Supreme Court 1971, 487 P.2d 27)“…AS 20.10.020(1). 43 . AS 25.20.020; AS 25.05.171. 44 . Note, Waiver…”
- L. A. M. v. State (Alaska Supreme Court 1976, 547 P.2d 827)“…S 23.10.325 et seq.) ; minimum age of consent for marriage (AS 25.05.171) ; prohibition of the use of alcohol an…”
- Allam v. State (Court of Appeals of Alaska 1992, 830 P.2d 435)“…ed to have arrived at the age of majority. AS 25.20.020 and AS 25.05.171(a). In most situations, a person may la…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Emancipation Laws: How to Get Emancipated in Alaska (2026)
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Sources and References
- AS 25.24 (divorce and dissolution of marriage), including AS 25.24.010, .030, .040, .080, .090, .160, .165, .180(akleg.gov).gov
- AS 25.05 (marriage), including AS 25.05.011, .021, .031, .051, .061, .171, .311(akleg.gov).gov
- Alaska Court System Family Law Self-Help Center, Annulment(courts.alaska.gov).gov
- Enrolled HB 62, Ch. 67 SLA 2022 (marriage age)(akleg.gov).gov
- Alaska Legislature, HB 62 (32nd Legislature) bill history(akleg.gov).gov
- Alaska Court System Family Law Self-Help Center(courts.alaska.gov).gov