Chapter 4 Annulment Of Marriage

19-4-1. When annulments may be granted.

Annulments of marriages declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage.

19-4-2. Right to file for annulment or divorce.

Parties who enter into a marriage which is declared void by law shall have the right to file:

(1) A petition for annulment; or

(2) A petition for divorce, if grounds for divorce exist.

19-4-3. Petition by next friend.

A petition for annulment may be filed by next friend for minors or persons of unsound mind.

19-4-4. Procedure.

All matters of service, jurisdiction, procedure, residence, pleading, and practice for obtaining an annulment of marriage shall be the same as those provided by law for obtaining a divorce, with the exception that a decree of annulment may be ordered at any time, in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed.

19-4-5. Effect of annulment.

A decree of annulment, when rendered, shall have the effect of a total divorce between the parties of a void marriage and shall return the parties thereto to their original status before marriage. However, a decree of annulment shall not operate to relieve the parties to a marriage of criminal charges or responsibilities occasioned by the marriage.