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:

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Terms Used In North Dakota Code 14-04-02

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

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.