North Dakota Annulment Laws: Grounds, Deadlines and How to File (2026)

North Dakota calls it an annulment: a party brings "an action in the district court to obtain a decree of nullity" under N.D.C.C. 14-04-01. The statute lists seven causes that must have existed when the marriage took place, and N.D.C.C. 14-04-02 sets who may file for each one and when.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in North Dakota under N.D.C.C. chapter 14-04, with the marriage rules in N.D.C.C. 14-03-02, 14-03-03 and 14-03-06 and the juvenile-supervision rule in 14-10-07. It does not cover North Dakota case law on annulment, property or support after an annulment, name changes, inheritance between the spouses, or other states' law. For ending a valid marriage, see North Dakota divorce laws.

Can you get an annulment in North Dakota?

Yes. Chapter 14-04 of the North Dakota Century Code is titled "Annulment of Marriage," and its first section opens:

"A marriage may be annulled by an action in the district court to obtain a decree of nullity for any of the following causes existing at the time of the marriage:"

The chapter has five sections, 14-04-01 to 14-04-05. Section 01 lists the causes, 02 sets who may sue and the time limits, 03 covers children, 04 covers custody after a fraud or force annulment, and 05 says whom the judgment binds.

The key words are "existing at the time of the marriage." An annulment addresses a defect present on the wedding day.

Void and voidable marriages in North Dakota

Chapter 14-04 does not sort its grounds into "void" and "voidable" lists. All seven causes appear in one list as grounds for a decree of nullity.

Two other statutes do use the word void. N.D.C.C. 14-03-03 declares five kinds of kinship marriage "incestuous and void," and N.D.C.C. 14-03-06 calls a marriage by a person whose former spouse is still living "illegal and void from the beginning," subject to an exception described below. The court system's annulment research guide describes a marriage annulled by a judge as void.

Grounds, who may file, and deadlines

The table follows N.D.C.C. 14-04-01 (the cause) and 14-04-02 (who may sue and when). Read each row together with its bar column: a deadline is not the only way a claim can be lost.

Notice the two grounds tied to death or life. An unsound-mind claim must come "before the death of either party," and a spouse's claim based on a living prior spouse runs "during the life of the other." The other deadlines are measured from reaching the age of consent, from discovering fraud, or from the wedding date.

The prior-spouse ground and the five-year exception

N.D.C.C. 14-03-06 states the underlying rule:

"A marriage contracted by a person having a former husband or wife living, if the former marriage has not been annulled or dissolved, is illegal and void from the beginning unless such former husband or wife was absent and believed by such person to be dead for a period of five years immediately preceding such marriage."

Under 14-04-02(2), the former husband or wife may also bring the annulment action, not only the two people in the later marriage.

Which relatives cannot marry

N.D.C.C. 14-03-03 lists the marriages that are "incestuous and void":

• parents and children, "including grandparents and grandchildren of every degree";
• brothers and sisters "of the half as well as the whole blood";
• uncles and nieces, and aunts and nephews, of the half or whole blood;
• first cousins "of the half as well as the whole blood."

The section adds that it "applies to illegitimate as well as legitimate children and relatives."

Minors under juvenile court supervision

A separate statute reaches one more situation. Under N.D.C.C. 14-10-07, a marriage of a minor who is under juvenile court supervision or in the custody of the youth correctional center, made without the order that section requires, "is subject to annulment in a proceeding brought in district court by the state's attorney or by any person authorized by law to bring such annulment action." Section 14-10-07 does not state a deadline for that proceeding.

Underage marriage: the current age rules

The underage ground depends on North Dakota's marriage-age statute. N.D.C.C. 14-03-02 sets the age of capacity at 18. A person aged 16 or 17 may not receive a license without the consent of a parent or guardian, if any.

Below 16 there is a floor. The statute provides: "A marriage license may not be issued to any person below the age of sixteen, notwithstanding the consent of the parents or guardian of said person."

The court system's research guide summarizes the underage ground in shorter terms. The statute itself covers both a party under the age of legal consent and a party old enough to marry only with a parent's or guardian's consent who married without it, so rely on the wording of 14-04-01(1).

Grounds the statute does not list

The seven causes in 14-04-01 do not include intoxication at the wedding or a marriage entered as a joke or dare. A separate statute, N.D.C.C. 14-03-18, governs issuing a license to or solemnizing the marriage of a person under the influence, but chapter 14-04 does not list that as a cause for annulment. This page does not cover whether North Dakota courts treat those facts as grounds; a North Dakota lawyer can advise on a specific situation.

How to file for an annulment in North Dakota

The case is filed in district court (N.D.C.C. 14-04-01). The court system's Legal Self Help Center has an annulment page, but its research guide states:

"Neither the North Dakota Legal Self Help Center nor the North Dakota Court System have forms or instructions available for Annulment."

The court system's Self Help annulment page notes that General-Use template forms are available at the Legal Self Help Center as a starting point.

Residency: chapter 14-04 does not state a residency period for annulment. The six-month residency rule in N.D.C.C. 14-05-17 is worded for "a separation or divorce" and does not mention annulment. Ask the clerk of the district court or a North Dakota lawyer what the court will require before filing.

Children after an annulment

An annulment does not change a child's status. N.D.C.C. 14-04-03 provides: "When a marriage is annulled, children begotten before the judgment are legitimate and succeed to the estate of both parents."

For custody, N.D.C.C. 14-04-04 addresses marriages annulled for fraud or force. The court "shall award the custody of the children of a marriage annulled on the ground of fraud or force to a party based upon the best interests and welfare of the child criteria set forth in chapter 14-09." Section 14-04-04 names only those two grounds. For how the best-interest factors work, see North Dakota child custody laws.

Property, support and premarital agreements after an annulment

Chapter 14-04 contains no provision on dividing property or awarding spousal support. The equitable-distribution statute, N.D.C.C. 14-05-24(1), is worded for when "a divorce is granted." This page does not cover whether or how a North Dakota court divides property or awards support after an annulment, or whether a spouse who married in good faith has added protection; ask a North Dakota lawyer.

If the couple signed a premarital or marital agreement after July 31, 2013, N.D.C.C. 14-03.2-07 applies when a marriage is found void: the agreement "is enforceable to the extent necessary to avoid an inequitable result."

Who is bound by an annulment judgment

N.D.C.C. 14-04-05 limits the reach of the decree: "A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them."

Annulment vs. divorce in North Dakota

A divorce ends a valid marriage; under N.D.C.C. 14-05-01, a marriage is dissolved only by the death of a spouse or a divorce judgment. An annulment instead asks the court for a decree of nullity based on a cause that existed on the wedding day. For divorce grounds and residency, see North Dakota divorce laws.

Church annulment is a separate process

A religious annulment does not replace a court case. The court system's research guide says church annulments cannot be registered with a district court, and that "a church annulment doesn't affect anything required to be determined by civil law such as residential responsibility (custody), parenting time (visitation), division of property and debt, spousal support, restoring a maiden name, etc."

Disclaimer: This article provides general legal information about civil annulment under North Dakota law, N.D.C.C. chapter 14-04 and related sections of chapters 14-03 and 14-10. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific marriage, consult a lawyer licensed in North Dakota or the North Dakota Legal Self Help Center.

Related

• Annulment laws in every state
• North Dakota divorce laws
• North Dakota child custody laws
• North Dakota common-law marriage
• North Dakota marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in North Dakota?

N.D.C.C. 14-04-01 lists seven causes existing at the time of marriage: underage marriage without required consent, a living former spouse with the earlier marriage still in force, unsound mind, fraud, force, continuing incurable physical incapacity, and an incestuous marriage.

How long do you have to get an annulment in North Dakota?

It depends on the ground. Fraud claims must be filed within four years after discovering the fraud, force and physical-incapacity claims within four years after the marriage, and unsound-mind claims before either spouse dies (N.D.C.C. 14-04-02).

Can you annul a marriage in North Dakota after living together?

For the underage, unsound-mind, fraud and force grounds, freely living together as husband or wife after the problem ended or became known bars the claim under the conditions in N.D.C.C. 14-04-01. Subsection 6 (physical incapacity) contains no such exception.

Are there annulment forms in North Dakota?

There are no annulment-specific forms. The court system's research guide says it has no annulment forms or instructions, and its Self Help annulment page notes that General-Use template forms are available as a starting point.

Are children legitimate after an annulment in North Dakota?

Yes. N.D.C.C. 14-04-03 provides that children begotten before the judgment are legitimate and succeed to the estate of both parents.

Can first cousins marry in North Dakota?

No. N.D.C.C. 14-03-03(5) declares marriages between first cousins of the half or whole blood incestuous and void, and either party may seek an annulment at any time (N.D.C.C. 14-04-02).