Grounds for Annulment

In North Dakota, a court may determine that a marriage never existed or the marriage is void for any of the following reasons:

1. The party seeking the annulment was under the age of legal consent and the party's parents or guardian did not consent, unless, after attaining legal age, such party freely cohabitated with the other as husband or wife;
2. One party is still married to another spouse;
3. Either party was of unsound mind, unless such party, after coming to reason freely cohabited with the other as husband or wife;
4. Consent of either party was obtained by fraud, unless such party afterwards, with knowledge of the fraud, cohabited with the other party;
5. Consent of either party was obtained by force, unless such party afterwards, freely cohabited with the other party;
6. Either party was physically incapable of marriage at the time of marriage and such incapacity continues and appears to be incurable; or
7. The marriage was incestuous.