Annulment is a legal procedure that dissolves a marriage as if it had never
happened. A marriage can be annulled for various reasons depending
upon particular circumstances and state laws. However, a marriage
may generally be annulled in the following situations: 1) where the
marriage between the parties is prohibited by law; 2) where either party
was impotent at the time of marriage; or 3) where either party had a
husband or a wife living at the time of the marriage, unless they
cohabited after the death or marriage dissolution of the former spouse
of such party; or 4) where either party was a ward under a guardianship
and was found by the Court to lack the capacity to contract a valid
marriage. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
A marriage can be annulled If one of the parties lacked the capacity to enter
into the marriage or if the marriage was void for any other reason at the time of the
marriage. The minimum age for getting married in Alabama is fourteen years old. A
person under the age of fourteen is incapable of entering into a contract of marriage. A
person between fourteen and eighteen years old can marry but must have the consent of
parents or guardians. The parents must also post a bond in the amount of $200.00
payable to the state.
Alabama Code 30-1-3 to 30-1-18.
ALASKA
A marriage may be declared void for any of the following causes existing at
the time of the marriage: 1) that one of the parties was under the age of legal consent,
and the marriage was contracted without the consent of the parents - legal consent is
age 18, but a person age 16 or 17 can be married with the written consent of parents; 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 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; or 5) failure to consummate the marriage at the time of the marriage
and continuing up to the time of the commencement of the action.
AS 25.24.030.
ARIZONA
The Arizona Superior Courts have a power to rule that a marriage is null and void on the
basis of any grounds which make the marriage absolutely void or voidable at the option
of one of the parties. Age 18 is the minimum age to be legally married, unless the
parents consent to the underage marriage. False representations of love and affection
together with fraudulent intent to deprive a spouse of her property have been sufficient
grounds to form the basis of an annulment.
ARS �25-301.
ARKANSAS
Ark state Ann. 9-12-201.
The minimum legal age for marriage in Arkansas is 17 for male and 16 for a
female, with the consent of parents or guardians. Without consent, the minimum age is
18. If an application for marriage is made where one or both parties are under the
minimum age and the female is pregnant, the parties may ask a judge to approve
issuance of a marriage license.
Ark. stat. Ann. 9-11-102, and 9-11-103.
CALIFORNIA
A marriage is voidable and may be ruled a nullity if any of the following conditions
existed at the time of the marriage: 1) a party was without the capability of consenting to
the marriage - one must be 18 years old or have written consent of parents and a court
order if under age 18; or 2) one of the parties was already married; or 3) either party was
of unsound mind, unless the party of unsound mind, after coming to reason, freely
cohabited with the other as husband or wife; or 4) the consent of either party was
obtained by fraud; or 5) the consent of either party was obtained by force; or 6) either
party was physically incapable of entering into the marriage state and that incapacity
continues and appears to be incurable.
Cal. Fam. Code �2210.
COLORADO
The Colorado District Court shall enter its decree declaring the invalidity of a
marriage entered into under the following circumstances if the action is commenced
within proper time limits: 1) a party lacked capacity to consent to the marriage either
because of mental incapacity or because of the influence of alcohol, drugs, or other
substances - a declaration of invalidity upon this ground must be commenced no later
than six months after the Petitioner obtained knowledge of the described condition; 2) a
party lacked the physical capacity to consummate the marriage by sexual intercourse,
and the other party did not know at the time of the marriage - the time limit for this
ground is one year after the Petitioner obtained knowledge of the described condition; 3)
a party was under 18 or if the party was 16 or 17, the party did not have the consent of
both parents or guardian or judicial approval - the time limit is 24 months after the date of
the marriage; 4) one party entered into the marriage in reliance upon a fraudulent act or
representation of the other party, which fraudulent act or representation goes to the
essence of the marriage - an action to declare the invalidity of a marriage on this ground
must be commenced no later than six months after the Petitioner obtained knowledge of
the described condition; 5) duress - must be commenced no later than six months after
obtaining knowledge of the described condition; 6) one or both parties entered into the
marriage as a jest or dare - time limit is six months after Petitioner obtained knowledge of
the condition; 7) the marriage is prohibited by law, because one of the parties was still
married, the parties were related, or for any other reason marriages are prohibited under
Colorado law - a declaration of invalidity on this ground may be sought at any time prior
to the death of either party.
CRSA �14-10-111.
CONNECTICUT
An annulment shall be granted if the marriage is void or voidable under the
laws of Connecticut or of the state in which the marriage was performed. A marriage
license is required. No license may be issued to any applicant under 16 years of age
unless the judge for the district in which the minor resides endorses his written consent
on the license. No license may be issued to any applicant under 18 years of age without
the written consent of a parent or guardian.
C.G.S.A. �46b-40 and 46b-30.
DELAWARE
The court shall enter a decree of annulment of a marriage entered into under
any of the following circumstances: 1) a party lacked capacity to consent to the marriage
at the time of the marriage either because of mental incapacity or infirmity, or because of
the influence of alcohol or drugs; 2) a party lacked the physical capacity to consummate
the marriage by sexual intercourse, and the other party did not know of the incapacity at
the time of the marriage; 3) a party was less than legal age and did not have the consent
of his parents or guardian or court approval as provided by law (minimum age for
marriage is 18 for males and 16 for females, but females under age 18 must have written
consent of parents or guardians or the court); 4) one party entered into the marriage in
reliance upon a fraudulent act or representation of the other party; 5) one or both parties
entered into the marriage under duress; 6) one or both parties entered into the marriage
as a jest or dare; or 7) the marriage is prohibited and void or voidable because the
parties are related, or because one of the parties was insane, an habitual drunkard, a
confirmed user of a narcotic drug, still married to someone else, or if the marriage is
otherwise prohibited under Delaware law. The following time limits apply to Petitions for
annulment. The action must be commenced no later than 90 days after Petitioner
obtained knowledge of the described condition, if the reason for the annulment is one of
the reasons described in the foregoing items: 1, 4, 5, or 6. The action for annulment
must be commenced within one year after Petitioner obtained knowledge of the
described condition, if the annulment is requested for the reason described in item 2
above. For the reasons set forth in item 3 above, time limit is no later than one year after
the date of marriage. A decree of annulment for the reasons set forth in item 7 above
may be requested at any time prior to the death of either party.
13 DCA �1506. FLORIDA
No Florida statute authorizes annulments or states the grounds upon which
annulments may be granted. However, the Circuit Courts have jurisdiction to declare the
nullity of a void marriage or to decree that a voidable marriage is dissolved. A marriage
may be annulled for any cause which prevents the parties from contracting a valid
marriage. One reason may be the lack of legal or mental capacity of the parties to enter
into a marriage, due to physical incapacities or infirmities. Another cause is lack of
consent to the marriage. A marriage may also be declared annulled because one party�s
consent was wrongfully obtained by force, duress, or fraud. One who was already validly
married may not enter into a second marriage. The second marriage would be void and
may be annulled if it has not been ratified by cohabitation after the first marriage is
dissolved. An annulment may be issued by the court upon a showing that the
complaining party was, at that time of the marriage, so intoxicated as to be incapable of
knowing the nature of the marriage contract and its consequences. However, the party
who lacked capacity to enter into the marriage may have ratified the marriage by any act
or conduct which amounts to recognition of the validity of the marriage. GEORGIA
Annulments may not be granted in cases where children are born or are to
be born as a result of the marriage. A marriage can be annulled if it is void under
Georgia law. The following marriages are void: marriages of persons unable to contract,
unwilling to contract, or fraudulently induced to contract a marriage. In the case of
persons unwilling to contract or fraudulently induced to do so, a subsequent consent and
ratification of the marriage, freely and voluntarily made, accompanied by cohabitation as
husband and wife shall render the marriage valid. Annulments may also be granted in
cases where the following circumstances are true: 1) either party to the marriage is of
unsound mind; 2) either party to the marriage is below the age of legal consent -- the
minimum age for marriage in Georgia is 16, but a person can be married under the age
of 16 with parental consent or if the female is pregnant, in which case the parties may
contract marriage regardless of age; or 3) either party to the marriage had a living
spouse at the time of marriage. If the marriage could be annulled for any of the
preceding three reasons, the marriage can still be rendered valid if, after removal of the
impediment to marriage, the parties freely and voluntarily ratify the marriage by
cohabiting as husband and wife. Finally, a marriage can be annulled at any time, and no
ratification is possible, for the reason that one party is related to the other by blood or the
marriage is within the prohibited decrees of relationship under Georgia law. HAWAII
A marriage can be annulled if any of the following causes existed at the time
of marriage: 1) The parties were related; 2) either party had not attained the legal age
for marriage -- the minimum age to be married in Hawaii is 18; however, a person 16 or
17 can be married with the written consent of parents or guardians, and a person 15 can
be married with the written approval of the family court; 3) either party was already
married; 4) either party lacked the mental capacity to consent to marriage; 5) consent to
the marriage by either party was obtained by force, duress, or fraud, and there was not
subsequent cohabitation; and 6) one of the parties was afflicted with any loathsome
disease and the fact was concealed from and unknown to the party applying for
annulment.
If the parties freely cohabited as man and wife after attaining legal age, the
marriage cannot be annulled on the ground that one of the parties was under legal age.
If the parties freely cohabited as husband and wife after the party who lacked mental
capacity attained the mental capacity necessary to consent to marriage, the marriage
may not be annulled on the ground of lack of mental capacity. If the action to annul a
marriage is on the ground of physical incapacity of one of the parties at the time of the
marriage, the action can only be brought by the injured party against the party whose
incapacity is alleged and shall be brought within three years from the date of marriage.
HRS �580-21 to 580-29. IDAHO
A marriage can be annulled under the following circumstances and during the following time limits: 1) if either party was under the age of legal consent (minimum
age to be married in Idaho is 18, or 16 or 17 with written consent of parents or guardians,
or under age 16 with court approval), unless after attaining the age of consent the party
freely cohabits with the other as husband or wife--an action for annulment on this ground
must be commenced by either party within four years after arriving at the age of consent,
or if commenced by a parent or other person having charge of the underage party, then
the action must be commenced before the minor has arrived at the age of legal consent;
2) if either party was still married at the time of marriage--an action for annulment based
on this ground may be commenced by either party during the life of the other; 3) on the
ground that either party was of unsound mind unless the party after coming to reason
freely cohabited with the other as husband or wife--an action may be commenced at any
time before the death of either party; 4) if the consent of either party was obtained by
fraud unless such party afterward with full knowledge of the facts constituting the fraud,
freely cohabited with the other as husband or wife--within four years after discovery of
the facts constituting the fraud; 5) if the consent of either party was obtained by force
unless such party afterwards freely cohabited with the other as husband or wife--within
four years after the marriage; 6) if either party was at the time of marriage physically
incapable of entering into the married state and such incapacity continues and appears
to be incurable--within four years after the marriage.
IC �32-501 and 32-502. ILLINOIS
A marriage can be annulled for the following reasons, with specific time limits
for bringing an action on the basis of each reason: 1) a party lacked capacity to consent
to the marriage at the time of the marriage, either because of mental incapacity or
infirmity or because of 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 - an action for annulment based on this reason
must be commenced no later than 90 days after the Petitioner obtained knowledge of the
described condition; 2) a party lacks the physical capacity to consummate the marriage
by sexual intercourse and, at the time of the marriage, the other party did not know of
the incapacity - time limit for commencing an action is no later than one year after the
Petitioner obtained knowledge of the described condition; or 3) a party was aged 16 or
17 years and did not have the consent of his or her parents or guardian or judicial
approval - the time limit for commencing an action on the basis of this reason is prior to
the time the under aged party reaches the age at which he or she could have married
without needing to satisfy the omitted requirement; or 4) the marriage is prohibited by law
for any other reason - the time limit is, at any time, not to exceed three years after the
death of the first party to die.
750 ILCS 5/301 and 5/302. INDIANA
A marriage can be annulled if either of the parties was below the age of legal
consent or incapable of understanding the nature of a marriage contract. However, such
marriages can be ratified by consent and cohabitation by the parties after becoming of
proper age or of sufficient understanding. All marriages prohibited due to the parties
being related or where either party is already married, shall be absolutely void without
any legal proceedings. A marriage where one of the parties is insane is also absolutely
void.
AIC �31-1-1-2, 31-1-7-1, and 31-1-7-6. IOWA
A marriage can be annulled in Iowa under the following circumstances: 1) where the marriage between the parties is prohibited by law; or 2) where either party
was impotent at the time of marriage; or 3) where either party had a husband or wife
living at the time of the marriage, unless they cohabited after the death or marriage
dissolution of the former spouse of such party; or 4) where either party was a ward under
a guardianship and was found by the Court to lack the capacity to contract a valid
marriage.
ICA Section 598.29.
A marriage between a male and a female each 18 years of age or older is valid.
A marriage between a male and a female either or both of whom have not attained the
age of 18 may be valid under certain circumstances. If either party to a marriage falsely
represents himself or herself to be 18 years of age or older at or before the time of the
marriage, the marriage is valid unless the person who falsely represented his or her age
chooses to void the marriage by making his or her true age known and verified in an
annulment proceeding initiated before he or she reaches his or her eighteenth birthday.
A marriage may be issued to a male and a female either or both of whom are 16 or 17
years of age if the parents of the underage party consent in writing.
ICA Section 595.2. KANSAS
The District Court shall grant a decree of annulment of any marriage for
either of the following grounds: 1) the marriage is void under Kansas law; or 2) the
contract of marriage is voidable because it was induced by fraud. The District Court may grant a decree of annulment of any marriage if the
contract of marriage was induced by mistake of fact, lack of knowledge of a material fact
or any other reason justifying invalidating a contract of marriage.
The minimum age to be married in Kansas is 18. A person under 18 can be married with the consent of parents, guardians or the court.
KSA �60-1602 and 23-106. KENTUCKY
The Kentucky Circuit Court shall enter a decree declaring the invalidity of a marriage
entered into under the following circumstances: 1) a party lacked capacity to consent to
the marriage either because of mental incapacity or because of the influence of alcohol,
drugs, or other substances; or a party was induced to enter into a marriage by force or
duress, or by fraud - an action to declare a marriage invalid for any of these reasons
must be commenced within 90 days after the Petitioner obtained knowledge of the
described condition; 2) a party lacks the physical capacity to consummate the marriage
by sexual intercourse, and the other party did not know of the incapacity at the time of
the marriage - an action to declare the marriage invalid on this ground must be
commenced within 90 days after the Petitioner obtained knowledge of the described
condition; 3) the marriage is prohibited under Kentucky law - for this reason, the action
must be commenced no later than one year after a Petitioner obtained knowledge of the
described condition.
K.R.S. �403.120.
A marriage can also be declared void if either party was under 18 years of age at
the time of the marriage, and the marriage was without the consent of a parent or
guardian. The marriage can also be declared void if it has not been ratified by cohabitation
after age 18.
K.R.S. �402.030. LOUISIANA
A marriage is absolutely null and void if 1) either party was already married
at the time of marriage; or 2) the parties are related within the levels of relationship
prohibited by Louisiana law. A judicial declaration of nullity is not required if the situation
falls under these two reasons, but an action to declare the marriage null and void may be
brought by any interested person.
CC Art. 94.
An action for annulment can be brought if the consent of one of the parties was
not freely given. The marriage may be declared null and void upon application of the
party whose consent was not free. However, the annulment may not be granted if the
marriage was ratified by the parties living together as husband and wife. In order for a
marriage ceremony to be valid, the parties must voluntarily participate in a marriage
ceremony performed by a third person who is qualified under the law to perform the
ceremony. The parties must be physically present at the marriage ceremony; the parties
cannot enter into marriage by proxy. The absence of any of the formalities constituting a
valid marriage may be a ground for an action for annulment of a marriage. An
annulment can also be granted if a party consented to a marriage under duress or
because of coercion. A marriage, even though potentially invalid, can be ratified by
cohabitation of the parties as husband and wife after the potential cause for annulment is
fully known by the parties.
CC Art. 91-95. MAINE
Those marriages that are prohibited by main law are void even without either
party bringing an action for annulment if: 1) the parties are related; 2) one of the parties
is incapable of contracting marriage on the grounds of incompetency or mental illness; or
3) one of the parties has a former wife or husband, not divorced, living at the time of
marriage. A marriage can be annulled under the following circumstances: 1) where the
consent of either party was obtained by force, unless the party freely cohabitates with
the other as husband and wife after the marriage; 2) where the consent of either party
was obtained by fraud, unless the party freely cohabitates with the other as husband and
wife after the marriage; 3) where one of the parties was impotent at the time of the
marriage, meaning an inability to engage in or lack of capacity for normal and complete
sexual intercourse; and 4) if either party was under the age of legal consent at the time
of marriage--age of consent is 18, or 16 or 17 with written consent of parents or
guardians--unless the parties cohabited after reaching the age of consent.
19 MRSA �631-635. MARYLAND
A marriage can be annulled if the marriage is void or prohibited under Maryland law, for
example, if the parties are related. A marriage can be annulled if either party was under
the legal age for consent at the time of marriage. The age of consent is 18. However,
an individual 16 or 17 years old may legally marry with the written consent of a parent or
guardian. If a 16 or 17 year old individual does not have the consent of a parent, they
may legally marry if they give the clerk of court a certificate from a licensed physician
stating that the woman to be married is pregnant or has given birth to a child. An
individual under the age of 16 years may not marry unless the person has the consent of
a parent or guardian and presents a certificate from a licensed physician stating that the
woman to be married is pregnant or has given birth to a child.
ACM �2-202 and 2-301. MASSACHUSETTS
An annulment can be granted for the following reasons: 1) if the parties are
related by a degree of relationship prohibited under Massachusetts law; 2) if either party
is already married - unless the parties continue to live together as husband and wife after
the death or divorce of the other party to the former marriage; 3) if either party was under
the age of legal consent - the minimum age to be married in Massachusetts is 18, or
under 18 if the party has the consent of parents or guardians; 4) if either party was
insane at the time of marriage; 5) if either party fraudulently concealed any central
aspect of the marriage contract.
ALM 207 �1-14. MICHIGAN
A marriage can be annulled under the following circumstances: 1) if the marriage is
prohibited by Michigan law on account of the parties being related; or 2) if either party
had a wife or husband living at the time of marriage; or 3) if, at the time of marriage,
either party was insane; or 4) either of the parties was under the age of legal consent
(minimum age to be married in Michigan is 18, or 16 or 17 with written consent of a
parent or guardian), but parties may not request annulment if they continued to cohabit
after marriage; or 5) if the consent of one of the parties was obtained by force or fraud,
and there was no subsequent voluntary cohabitation of the parties.
MCLA �552.1 to 552.3. MINNESOTA
A marriage can be annulled under the following circumstances: 1) a party
did not validly consent--either because a party lacked capacity to consent such as
because of mental incapacity or because of being under the influence of alcohol or
drugs, or because consent was obtained by force or fraud, and there was no subsequent
voluntary cohabitation of the parties; or 2) a party lacks the physical capacity to
consummate the marriage by sexual intercourse, and the other party at the time of the
marriage did not know of this incapacity; or 3) one of the parties was under the minimum
age for a legal marriage--18 years old or 16 with the consent of the 16-year-old's
parents, guardian, or the court. There are time limits to be followed if a party wants to
seek an annulment of the marriage because of the foregoing reasons. If the annulment
is sought on the basis of the first reason, the action must be commenced within 90 days
after the party obtained knowledge of the described condition. If the basis for the
annulment is the second reason--lack of physical capacity to consummate the marriage
by sexual intercourse, then the action must be commenced no later than one year after
the party obtained knowledge of the described condition.
Minn. Stat. �517.02, 518.02-.05. MISSISSIPPI
The following marriages are void under Mississippi law, and either party can
request the court issue a declaration of nullity: 1) if the parties are related as prohibited
by Mississippi law; or 2) if either party is already married. In addition, a marriage may be
annulled for any one of the following causes existing at the time of the marriage: 1)
incurable impotency; 2) insanity or idiocy of either or both parties - an action on this
ground must be brought within six months after marriage; 3) failure to comply with the
Mississippi requirements for obtaining a marriage license, such as supplying a medical
certificate within 30 days prior to the application, unless the parties cohabit as husband
and wife; 4) when either party is incapable of consenting to the marriage, either because
of age or understanding, or shall be incapable from physical causes of entering into the
marriage state, or when the consent of either party was obtained by force or fraud -
actions for annulment on these grounds must be brought within six months after the
ground is or should have been discovered; however, these grounds may not be used for
annulment if the parties ratified the marriage by cohabiting as husband and wife; or 5)
pregnancy of the wife by another person, if the husband did not know of such pregnancy
- an action for annulment on this ground must be brought within six months after the
ground is or should have been discovered.
MC 93-7-1 to 93-7-13. MISSOURI
A marriage can be annulled for the following reasons. A marriage can be annulled for
lack of capacity to consent because one of the parties was under the legal age to be
married. In Missouri, the minimum age for marriage is 18. However, a person between
15 and 18 years of age can be married with the written consent of parents or guardian.
Upon reaching age of consent, a party to a voidable marriage may elect to ratify the
marriage by cohabitation. Marriages can also be annulled because of the existence of
the following factors at the time of marriage: force, fraud, or impotence, all of which can
be used as a basis for annulment during the lifetime of either spouse. A marriage can
also be annulled on the ground that one of the parties was still married at the time of the
marriage. Marriages can be annulled on any other grounds for which a marriage is
absolutely void under Missouri law.
VAMS �451.010 and 451.090. MONTANA
In Montana, the procedure is called �Declaration of Invalidity.� The Montana District
Court shall enter it�s decree declaring the invalidity of marriage entered into under the
following circumstances and with the following time limits: 1) A party lacked capacity to
consent to the marriage at the time of the marriage, either because of mental incapacity
or infirmity, or because of the influence of alcohol or drugs, or because a party was
induced to enter into the marriage by force or duress, or fraud - the time limit for bringing
an action to declare the invalidity of the marriage on the basis of lack of capacity to
consent because of mental incapacity or because of the influence of alcohol or drugs is
not later than one year after the Petitioner obtained knowledge of the described
condition; the time limit for bringing action based on lack of capacity to consent because
of force, duress, or fraud, is no later than two years after the Petitioner obtained
knowledge of the condition; 2) a party lacks the physical capacity to consummate the
marriage by sexual intercourse - no later than four years after the Petitioner obtained
knowledge of the described condition; 3) a party was under the age of sixteen or was
age sixteen or seventeen years and did not have the consent of the parties� parent or
guardian or judicial approval - prior to the time that the underage party reaches the age
at which the party could have married without satisfying the omitted requirement; 4) the
marriage is prohibited for any reason under Montana Statutes - a declaration of invalidity
may be sought for this reason at any time prior to the death of one of the parties.
MCA 40-1-402. NEBRASKA
A marriage may be annulled in Nebraska for any of the following causes: 1)
the marriage between the parties is prohibited by law, for example if the parties are
related; 2) either party is impotent at the time of marriage; 3) either party had a spouse
living at the time of marriage; 4) either party was mentally ill or was with mental
retardation at the time of marriage; or 5) force or fraud. An annulment may not be
decreed if the marriage is voidable, and not absolutely void, and the parties fully
cohabited after the grounds for annulment had terminated or become known to the
innocent party.
Reissued Revised Statutes 42-374, 42-375. NEVADA
A marriage may be annulled in Nevada on the basis of any of the following
causes: 1) if either of the parties has a former husband or wife still living at the time of
the second marriage; 2) if the parties are related within the degree of relationship
prohibited under Nevada law; 3) if the parties are under the age of legal consent, 18
years old, or if 16 or 17 years old and lacking the consent of parent or guardian, unless
the party ratifies the marriage by freely cohabiting after reaching the age of 18 years; 4)
if either of the parties is incapable of entering into the contract of marriage because of
insanity or other lack of understanding, but the annulment may not be granted if the
parties freely cohabited together as husband and wife after the insane person was
restored to sound mind; 5) if the consent of either party was obtained by fraud, unless
the parties ratify the marriage by voluntarily cohabiting as husband and wife after having
received knowledge of fraud; or 6) for any cause which is a ground for annulling or
declaring void any other contract in a court of equity.
NRS 125.290-.350. NEW HAMPSHIRE
A marriage can be annulled under the following circumstances: 1) if either of
the parties was already married - in which case the marriage shall be considered void
without any need for bringing an action for annulment; 2) if the parties are related within
the degree of relationship prohibited by New Hampshire law - such a marriage shall be
absolutely void without any need for commencing an annulment action; 3) if the male
was below the age of 14 or the female below the age of 13; 4) if the male was age 14-17
or the female was age 13-17, unless the underage party had written consent of parent
or guardian to marry, or unless such party, after arriving at the age of consent (18),
confirmed the marriage by continuing to live together as husband and wife; or 5) if either
party entered into the marriage because of the fraudulent representation of the other
party as to an essential part of the marriage relationship, making impossible the
performance of the duties and obligations to one another in the marriage.
RSA 457:1-6, and RSA 458:1-3. NEW JERSEY
Marriages can be annulled in New Jersey for the following causes: 1) if either of the parties has another wife or husband living at the time of the second
marriage; 2) if the parties are related within the degrees of relationship prohibited by New
Jersey law; 3) if either of the parties was, at the time of marriage, physically and
incurably impotent, provided that the party seeking annulment was ignorant of the
impotency at the time of the marriage, and the parties have not subsequently ratified the
marriage by cohabitation; 4) if either of the parties lacked capacity to enter into marriage
due to a lack of understanding, because of mental condition, or the influence of alcohol
or drugs, or where there was a lack of mutual assent, or duress, or fraud as to the
essentials of marriage, provided that the parties have not ratified the marriage by
cohabitation after discovery of the existence of the foregoing causes; 5) if either party
was under the age of 18 years at the time of the marriage, unless the parties ratified the
marriage by cohabitation after turning 18; or 6) any other reason allowable under the
general equity jurisdiction of the Superior Court.
NJSA 2A:34-1. NEW MEXICO
A marriage can be annulled in New Mexico under the following circumstances: 1) if the parties are related within the prohibited degrees of relationship
under New Mexico law; 2) if either party is under the age of 18 and the parents have not
given consent, or under the age of 16 with or without parental consent, although the
court may authorize a marriage of a person under age 16 if necessary to establish
parentage, or if the female is pregnant; although the marriage cannot be annulled on the
ground of either party being under age if the parties ratify the marriage by continuing to
cohabit as husband and wife after both are of legal age; 3) if either party was already
married and has a husband or wife still living; or 4) if the marriage contract is voidable for
the same grounds as any other contract would be voidable under New Mexico law.
�40-1-5 to 40-1-9 NMSA. NEW YORK
A marriage can be annulled under New York law under the following circumstances: 1) If either party was still married at the time of the marriage with the
former husband or wife still living; and action for annulment on this ground can be
commenced by either of the parties during the lifetime of the other, or by the former
husband or wife; 2) if either party is below the minimum age of consent to be married in
the New York; the minimum age is eighteen years of age, although a person can be
married at age 16 or 17 with the consent from both parents or guardians, and a person
can be married at age 14 or 15 if there is written approval of consent of a justice of the
Supreme Court or judge of the Family Court, as well as written consent of parents or
guardians; an action for annulment on this ground must be commenced before the
underage party reaches the age of legal consent and freely cohabits with the other party
as husband or wife; 3) if either party was mentally retarded or mentally ill; an action to
annul the marriage on the ground that one of the parties was mentally retarded may be
maintained at any time during the lifetime of either party by any relative of the mentally
retarded person who has an interest to avoid the marriage; an action to annul a marriage
on the ground that one of the parties was mentally ill may be maintained at any time
during the continuance of the mental illness and during the life of the other party; an
action for annulment will not be allowed if the parties freely cohabited as husband and
wife after the mentally ill person was restored to sound mind; 4) if either party was
physically incapable of entering into the marriage; and action on this ground can be
maintained only where an incapacity continues and is incurable, and must be
commenced within five years after the marriage; 5) if the consent of either parties was
obtained by force, duress, or fraud; but an action for annulment on these grounds may
not be maintained if the parties voluntarily cohabited as husband and wife after having
full knowledge of the facts constituting the fraud; or 6) either party has been incurably,
mentally ill for a period of at least five years.
Domestic Relations Law � 15, 15 - a, and 140. NORTH CAROLINA
A marriage can be annulled under the following circumstances: 1) if the marriage is between any two persons nearer of kin than first cousins or between double
first cousins; 2) if either party is below the legal age to enter into the contract of marriage
- the minimum age to marry in North Carolina is 18, or 16 or 17 with written consent of
parents or guardian; 3) if either party has a husband or wife still living at the time of the
second marriage; 4) if either party was physically impotent at the time of marriage; 5) if at
the time of marriage either party was incapable of entering into the contract of marriage
because of lack of understanding or because of duress or fraud. No marriage followed
by cohabitation and the birth of children shall be declared void after the death of either
parties for any of the foregoing causes except for the cause of bigamy. No marriage by
persons who are under legal age shall be declared void if the girl shall be pregnant, or if
a child has been born to the parties. A marriage contracted under a representation and
belief that the female partner is pregnant, followed by the separation of the parties within
45 days of the marriage which separation has been continuous for a period of one year,
may be annulled unless a child shall have been born to the parties within ten months of
the date of separation.
GS �51-2 and �51-3. NORTH DAKOTA
A marriage can be annulled in North Dakota under the following circumstances: 1) that the party in whose behalf it is sought to have the marriage
annulled was under the age of legal consent; or that such party was of such age as to
require the consent of his or her parents or guardian, and such marriage was contracted
without such consent, unless such party freely cohabited with the other as husband or
wife after obtaining legal age, and if the person is between 16 and 18 years old, consent
of parents or guardian is required; 2) that either party was married to another; 3) that
either party was of unsound mind unless such party after coming to reason, freely
cohabited with the other as husband or wife; 4) that the consent of either party was
obtained by fraud, unless such party afterwards with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband or wife; 5) that the
consent of either party was obtained by force, unless such party afterwards freely
cohabited with the other as husband or wife; 6) that either party was, at the time of the
marriage, physically incapable of entering into the marriage state and such incapacity
continues and appears to be incurable; or 7) that the marriage was incestuous. There
are time limits to be followed for a party seeking an annulment for the reasons stated
above. If the annulment is sought on the basis of the first reason, the annulment must
be sought within four years after arriving at the age of consent. If annulment is sought
for the second reason, the action must be commenced by either party during the life of
the other. If the basis for the annulment is the third reason, the action must be
commenced by the party injured, or a relative or guardian of the party of unsound mind,
at any time before the death of either party. For the reasons described in number four,
the action must be commenced by the party injured within four years after the discovery
of the facts constituting the fraud. For the reasons described in numbers five and six,
the action must be commenced by the injured party within four years after the marriage.
For the seventh reason, the action may be commenced by either party at any time.
NDCC �14-04-01, 14-04-02. OHIO
A marriage may be annulled for any of the following causes existing at the
time of the marriage: 1) if either party was below the minimum age to enter into a
marriage, unless, after attaining such age, the party cohabited with the other as husband
or wife - the minimum age to marry in Ohio is 18 for males and 16 for females, and
written consent of parent or guardian is required for a female age 16 or 17; 2) if either
party was already married; 3) if either party had been adjudicated to be mentally
incompetent, unless after being restored to competency the parties cohabited as
husband and wife; 4) if the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the fraud, cohabited with
the other as husband and wife; 5) if the consent of either party was obtained by force,
unless the marriage is afterwards ratified by cohabitation; or 6) if the marriage between
the parties was never consummated, although otherwise valid. An action for annulment
must be commenced within the following time periods: 1) for the first cause, the action
must be commenced by the underage party within two years, or commenced by a
parent or guardian at any time before the party reaches the age of majority; 2) for the
second cause, the action must be commenced by either party during the life of the other;
3) for the third cause, at any time before the death of either party; 4) for the fourth cause,
by the aggrieved party within two years after the discovery of the facts constituting the
fraud; 5) for the fifth cause, by the aggrieved party within two years from the date of the
marriage; and 6) for the sixth cause, by the aggrieved party within two years from the
date of the marriage.
ORC 3105.31 and 3105.32. OKLAHOMA
A marriage can be annulled for the following causes: 1) if either of the
parties in the marriage were incapable, because of underage or a lack of competency, of
being able to enter into the contract of marriage, unless the parties ratified the marriage
by cohabitation as husband and wife after any incapacity ended; the legal age to marry
in Oklahoma is 18, or 16 or 17 with written permission of parent or guardian, and under
16 only when approved by the court because the unmarried female is pregnant; 2) if the
parties are related within the degree of relationship prohibited under Oklahoma law; or 3)
if either party had not been divorced for six months - Oklahoma law provides that neither
party to a divorce may remarry, other than to one another, within six months from the
date of the divorce decree.
43 Okl.St.Ann. �3, �126, and �128. OREGON
A marriage can be annulled in Oregon under the following circumstances: 1)
when either party had a wife or husband living at the time of marriage; 2) when the
parties are first cousins or related by any close relationship; 3) when either party was
incapable of making a contract for marriage or consenting to the contract because of
being under age or lacking sufficient understanding, unless the contract is ratified by
cohabitation as husband and wife after the deficiency is removed - the minimum age for
a marriage in Oregon is 18, or 17 with consent of parent or guardian; 4) when the
consent of either party was obtained by force or fraud, unless the marriage is ratified by
co-habitation as husband and wife after the force or fraud is, or should have been,
discovered.
ORS 106.020. 106.030. 106.050. 107.005, and 107.015. PENNSYLVANIA
A marriage can be annulled in Pennsylvania under the following circumstances: 1) Where either
party at the time of marriage had an existing spouse and the former marriage had not
been annulled nor had there been a divorce; 2) where the parties are related within the
decrees of relationships prohibited under Pennsylvania law; 3) where either party was
incapable of consenting by reason of insanity or serious mental disorder or otherwise
lacked capacity to consent or did not intend to consent to the marriage; 4) where either
party to an alleged common law marriage was under 18 years of age; 5) where either
party was under 16 years of age unless the marriage was expressly authorized by the
court; 6) where either party was 16 or 17 years of age and lacked the consent of parent
or guardian or express authorization of the court and has not subsequently ratified the
marriage upon reaching 18 and an action for annulment is commenced within sixty days
after the marriage ceremony; 7) where either party was under the influence of alcohol or
drugs and an action for annulment is commenced within sixty days after the ceremony;
8) where either party was at the time of the marriage and still is naturally and incurably
impotent unless the condition was known to the other party at the time of the marriage;
or 9) where one party was induced to enter into the marriage due to fraud, duress,
coercion, or force attributable to the other party and there has been no subsequent
voluntary cohabitation after knowledge of the fraud or release from the effects with any
effects of fraud, duress, coercion, or force. The validity of a voidable marriage shall not
be subject to attack or question by any person if the marriage has been confirmed by the
parties by cohabitation or if either party has died.
23 Pa.C.S.A. � 3303 - 3306. RHODE ISLAND
A marriage can be annulled for the following reasons: 1) if the parties are
related within the degree of relationship prohibited by Rhode Island law; 2) if either party
is already married; 3) if either party is an idiot or a lunatic at the time of the marriage; 4) if
the parties validly enter into a contract of marriage, due to either party being underage or
because of fraud, or on any other grounds that the marriage could be voidable by either
party. A party may have waived the right to have a marriage annulled if the parties
ratified the marriage by voluntarily cohabiting with each other as husband and wife after
learning facts which could have been the grounds for an annulment.
GLRI 15-1-1 to 15-5-1. SOUTH CAROLINA
A marriage can be annulled in South Carolina under the following circumstances: 1) if either party was already married, but the marriage is not voidable by
annulment, if the husband or wife from the prior marriage has been absent for at least
seven years without the present spouse knowing or hearing anything about the absent
spouse; 2) if the marriage contract is voidable because either party was under the legal
age for marriage - the minimum age to be married is 18, or 14-17 for females with
consent of parents, or ages 16 and 17 for males with consent of parents; 3) if the
marriage contract has not been consummated by the cohabitation of the parties, which
indicates to the court that the marriage was not really a contract; 4) for any other reason
which would justify declaring invalid the contract of marriage.
1976 Code �20-1-80, �20-1-250, and �20-1-510 to 550. SOUTH DAKOTA
In South Dakota a marriage can be annulled under the following circumstances and the
following time limits: 1) if either party was still married at the time of the marriage - an
action to obtain a decree of nullity of the marriage for this reason must be commenced
by either party during the life of the other; 2) if either party was of unsound mind at the
time of the marriage, unless such party, after coming to reason, freely cohabited with the
other as husband or wife - an action commenced on this ground may be commenced at
any time before the death of either party; 3) if the party on whose behalf the annulment
is requested was under the age of legal consent at the time of the marriage (18 is the
minimum age to be married, or 16 or 17 with written consent of parents or guardians),
and the marriage was contracted without the consent of parents or guardians, unless,
after attaining the age of consent, such party freely cohabited with the other as husband
or wife - an action to obtain a decree of nullity on this ground must be commenced by the
party who is married under the age of legal consent within four years after arriving at the
age of consent, or by a parent or guardian at any time before such married minor has
arrived at the age of legal consent; 4) if the consent of either party at the time of
marriage was obtained by force, unless such party afterward freely cohabited with the
other as husband or wife - an action commenced on this ground must be commenced by
the injured party within four years after the marriage; 5) if the consent of either party was
obtained by fraud, unless such party afterward, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband or wife - an action for a
decree of nullity on this ground must be commenced within four years after discovery of
the facts constituting the fraud; or 6) if either party was, at the time of the marriage,
physically incapable of entering into the marriage state and such incapacity continues
and appears to be incurable - an action to obtain a decree of nullity for this cause must
be commenced within four years after the marriage.
S.D.C.L. 25-3-1 to 25-3-8. TENNESSEE
The legal effect of a decree of annulment is to render the marriage a nullity
and to judicially declare that there had never been a legal and lawful marriage. A
marriage can be annulled in Tennessee under the following circumstances: 1) if the
parties were related within the degree of relationship prohibited for married persons
under Tennessee law; 2) if either party was still married to another at the time of the
second marriage - but the first marriage shall be regarded as dissolved, for this purpose,
if either party has been absent five years and is not known to be living; 3) if either party
lacked the legal capacity to enter into the contract of marriage, because the party was
under the legal age for marriage - the minimum age to marry in Tennessee is 18, or 16 or
17 with consent of parent or guardian; however, upon good cause, the judge of the
Probate, Juvenile, or Circuit Court shall have the power to suspend the age restriction
and to authorize the county clerk to issue a marriage license regardless of the legal age
limit; 4) if either of the parties at the time of the marriage was drunk, insane, or an
imbecile; 5) if the contract of marriage is voidable for any other reason under Tennessee
law.
TCA �36-3-101 to �36-3-109 and �36-4-119. TEXAS
Either party may sue to have the marriage declared void, or annulled, under
the following circumstances: 1) if the parties are related within the degree of relationship
which is prohibited for married persons under Texas law; 2) if either party was previously
married and the prior marriage is not dissolved - however, the marriage becomes valid
when the prior marriage is dissolved if since that time the parties have lived together as
husband and wife and have represented themselves to others as being married; 3) if
either party lacked the legal capacity to enter into the contract of marriage due to the
party being under age - the legal age to marry in Texas is 18, but a person between 14
and 18 can marry with parental consent or court order, and a person under 14 years of
age can marry if approved by a court order; to annul a marriage on the ground that either
party is under age, the suit to declare the marriage void must be brought within 90 days
after the Petitioner knew or should have known of the marriage; 4) if either party did not
have the capacity to consent to the marriage, because the party was under the influence
of alcoholic beverages or narcotics at the time of the marriage, and the parties have not
ratified the marriage by voluntarily cohabiting as husband and wife after the effects of the
alcohol or narcotics ended; 5) if either party, for physical or mental reasons, was
permanently impotent at the time of the marriage, and the Petitioner did not know the
impotency at the time of the marriage, and the parties have not ratified the marriage by
voluntary cohabitation; 6) if either party used fraud, duress, or force to induce the other
party to enter into the marriage, and the parties have not ratified the marriage by
voluntary cohabitation after learning of the fraud or after being released from the duress
or force; 7) if either party, as a result of a mental disease or defect, did not have the
mental competency to consent to marriage or to understand the nature of the marriage
ceremony, and the parties do not ratify the marriage by cohabitation after the party
possessed the mental competency to recognize the existence of the marriage
relationship; 8) if either party was divorced from a third party within the 30 day period
preceding the day of the marriage ceremony, and at the time of the marriage the
Petitioner did not know or should not have known of the divorce within the 30 day period,
and the parties have not ratified the marriage by cohabitation after the Petitioner learned
of the divorce - an action to declare the marriage void on this ground must be
commenced within one year after the date of the marriage; and 9) if the marriage
ceremony takes place within 72 hours following the issuance of the marriage license - an
action to declare the marriage void on this ground must be brought within 30 days after
the date of the marriage.
V.T.C.A., Family Code �2.21-2.48. UTAH
A marriage can be annulled in Utah under the following circumstances: 1) when, at the
time of marriage, one of the parties had a living husband or wife; 2) when either party is
under 18 years of age, unless consent is obtained from parent or guardian for a party
age 16-17, or if consent is obtained from the Juvenile Court Judge for a party under 16
years of age; however, the court may, in its discretion, refuse to grant an annulment on
the grounds of the age of the parties if the court finds that it is in the best interest of the
parties or their children to refuse the annulment; 3) when either party is under 14 years
of age; 4) when a divorced person remarries before the divorce decree has become
absolute according to UCA 30-3-7, or if an appeal is taken from the divorce decree until
after the decree has been affirmed; or 5) when a marriage is between persons of the
same sex.
UCA 30-1-2. VERMONT
The marriage contract can be annulled for the following reasons: 1) if either
party had a wife or husband living at the time of marriage; 2) if the parties are related
within the degree of relationship prohibited under Vermont law; 3) if either party was
under age 16, unless the parties ratified the marriage after reaching the age of consent
by freely cohabiting as husband and wife; 4) if either party was an idiot or lunatic at the
time of marriage, unless the parties freely cohabited as husband and wife after the
lunatic was restored to sound mind; 5) if either party was physically incapable of entering
into the marriage state, but an action on this ground must be brought within two years
from the date of the marriage; 6) if the consent of either party was obtained by force or
fraud, unless the parties ratified the marriage by voluntarily cohabiting as husband and
wife.
15 VSA Sections 511-516. VIRGINIA
A marriage can be annulled in Virginia for the following causes: 1) if either
party is already married; 2) if the parties are related within the degree of relationship
prohibited under Virginia law; 3) if either party lacked the legal capacity to enter into the
marriage because either party was under the age of 18, or age 16 or 17 and did not have
written consent of parent or guardian (however, a person under age 16 can be married,
with consent of parent or guardian or the court, if either party is pregnant); 4) if either
party lacked capacity to consent to the marriage because of mental incapacity or
infirmity; 5) if either party entered into the marriage because of fraud or duress; 6) if
either party was impotent at the time of entering into the marriage contract; 7) if either
party, without the knowledge of the other, had been convicted of a felony; 8) if the wife,
without the knowledge of the husband, was pregnant by some person other than the
husband, or if the husband, without knowledge of the wife, had fathered a child born to a
woman other than the wife within ten months after the date of the marriage; or 9) if either
party had been a prostitute, without the prior knowledge of the other party. A marriage
may not be annulled on the grounds of fraud, duress, or mental incapacity or infirmity, if
the parties ratified the marriage by cohabitation as husband and wife after full knowledge
of the facts giving rise to what otherwise would have been grounds for annulment. Also,
no annulment may be granted on those same grounds if the parties had been married for
two years prior to the commencement of an action for annulment.
CV �20-45.1 to 20-49; and �20-89.1. WASHINGTON
In Washington, the Annulment procedure is called a proceeding to declare the invalidity
of a marriage. The court shall declare a marriage invalid for the following reasons: 1)
the marriage should not have been contracted because of age of one or both of the
parties (minimum age to be married in Washington is 18, or 17 with parental and court
approval); 2) lack of required parental or court approval; 3) because of a prior
undissolved marriage of one or both of the parties; 4) because a party lacked capacity to
consent to the marriage because of incapacity; 5) because a party lacked capacity to
consent to the marriage because of the influence of alcohol or other substances; or 6)
because a party was induced to enter into the marriage by force or duress, or was
induced to enter into the marriage by fraud involving the essentials of marriage. The
foregoing reasons will justify a declaration of invalidity, unless the parties have ratified
their marriage by voluntarily cohabiting after attaining the age of consent, or after
attaining capacity to consent, or after the end of the force or duress or discovery of the
fraud. A marriage may also be declared invalid if it would be void or voidable under the
law of another state where the marriage was contracted.
RCW �26.09.04. WEST VIRGINIA
The following marriages can be annulled by the West Virginia courts: 1) if
either of the parties has a wife or husband of a prior marriage, and the prior marriage has
not been terminated by divorce, annulment, or death; 2) if the parties are related within
the degree of relationship prohibited under West Virginia law; 3) if either of the parties
was an insane person, idiot, or imbecile; 4) if either party was, at the time of marriage,
afflicted with a venereal disease; 5) if either party was incapable of entering into the
marriage state due to incurable impotency; 6) if either party was under the age of
consent - age 18, or age 16 and 17 with consent of parent or guardian and order of the
Circuit Court Judge; 7) if either party had been, prior to the marriage and without the
knowledge of the other party, convicted of an infamous crime; 8) if at the time of the
marriage, the wife, without the knowledge of the husband, was pregnant by some person
other than the husband; 9) if at the time of marriage, the wife, without the knowledge of
the husband, had been notoriously a prostitute prior to the marriage; or 10) if prior to the
marriage, the husband, without the knowledge of the wife, had been notoriously a
licentious person.
WV Code �48-2-2.
An action for annulment may be denied if the parties ratified the marriage by
cohabiting as husband and wife after the innocent party learned the fact or information
which could have constituted a ground for annulment.
WV Code �48-2-3. WISCONSIN
A marriage can be annulled under the following circumstances. First, if a
party lacked capacity to consent to the marriage at the time of the marriage, either
because of age, because of mental incapacity or infirmity, or because of the influence of
alcohol, drugs, or other incapacitating substances, or a party was induced to enter into
the marriage by force or duress, or by fraud involving the essentials of marriage. Suit
requesting annulment on this ground must be brought no later than one year after the
Petitioner obtained knowledge of the described condition. Secondly, if a party lacks the
physical capacity to consummate the marriage by sexual intercourse, and at the time of
the marriage the other party did not know the incapacity. Suit on this ground must be
brought no later than one year after the Petitioner obtained knowledge of the incapacity.
Third, if a party was 16 or 17 years of age and did not have the consent of his or her
parent or guardian or judicial approval, or a party was under 16 years of age. Suit on
this ground must be brought by the underage party or a parent or guardian at any time
prior to the parties attaining the age of 18 years, but a parent or guardian must bring suit
within one year of obtaining knowledge of the marriage. Fourth, if the marriage is
prohibited by any other laws of the state. Suit on this ground must be brought by either
party within ten years of the marriage.
Wis. Statutes Section 767.03. WYOMING
A marriage can be annulled in Wyoming under the following circumstances: 1) when
either party has a husband or wife living at the time of contracting the marriage; 2) when
either party is mentally incompetent at the time of contracting the marriage, but no
decree of annulment may be granted if the parties freely cohabited as husband and wife
after restoration of competency; 3) when the parties are related to one another, and the
marriage is void under Wyoming law; 4) when either party was under the age of legal
consent (age 16) unless a Judge gave consent to the marriage, unless the parties freely
cohabited as man and wife after both attained the age of consent; or 5) when the
consent of one of the parties was obtained by force or fraud, and there was no
subsequent voluntary cohabitation of the parties; or 6) on the grounds of physical
incapacity - an action to annul a marriage on this ground may only be maintained by the
injured party and may only be commenced within two years from the date of marriage.
W.S. 20-2-101. |
