A marriage may be declared void for any of the following causes existing at the time of the marriage:
(1) that the party in whose behalf it is sought to have the marriage declared void was under the age of legal consent, and the marriage was contracted without the consent of the parents, guardian, or person having charge of that party, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife;
(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 constituting the fraud, 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;
(5) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action.
Section: Previous 25.24.010 25.24.020 25.24.030 25.24.040 25.24.050 25.24.060 25.24.070 25.24.080 25.24.090 25.24.100 25.24.110 25.24.120 25.24.130 25.24.140 25.24.150 NextLast modified: November 15, 2016