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Section 14-04-02 – Action to annul – Limitations of time

May 14, 2021 | Family Law, North Dakota

An action to obtain a decree of nullity of marriage for causes mentioned in section 14-04-01 must be commenced within the periods and by the parties as follows:

1. For causes mentioned in subsection 1, by the party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent, or by the party’s parents or guardian at any time before such party has arrived at the age of legal consent.
2. For causes mentioned in subsection 2, by either party during the life of the other, or by such former husband or wife.
3. For causes mentioned in subsection 3, by the party injured, or a relative or guardian of the party of unsound mind, at any time before the death of either party.
4. For causes mentioned in subsection 4, by the party injured, within four years after the discovery of the facts constituting the fraud.
5. For causes mentioned in subsections 5 and 6, by the injured party, within four years after the marriage.
6. For causes mentioned in subsection 7, by either party at any time.

N.D.C.C. ยง 14-04-02