You should be aware of time limitations to annul a marriage. An annulment may be in order if a party lacked capacity or was induced into the marriage by force, or if one spouse is unable to consummate the marriage due to physical incapacity unknown to the other party at the time of marriage, or if the marriage is prohibited
A marriage will be declared invalid and annulled and treated as if it had never existed if the following statutory grounds for annulment are established:
Capacity To Consent
Party lacked capacity to consent because of mental incapacity, deformity, the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage.
- Who can Annul: Party / legal representative of the party who lacked capacity to consent, who was the offended party or did not know of the incapacity.
- When: no later than 90 days after the petitioner obtained knowledge of the described condition. Such marriages may be annulled even after the death of either party.