What is the time frame for having a marriage annulled in Iowa?

12/30/2007 - Category:Divorce - Annulment - State: IA #14357

Full Question:

I would like to know what is the time frame to get an annulment? 2 months or 6 months?

Answer:

The following are Iowa statutes:

597.13 Annulment of decree.

The husband or wife affected by the proceedings contemplated in sections 597.10 to 597.12 may obtain an annulment thereof, upon filing a petition therefor and serving a notice on the person in whose favor the same was granted, as in ordinary actions; but the setting aside of such decree or order shall not affect any act done thereunder.

598.19 Waiting period before decree.

No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after conciliation is completed, whichever period shall be longer. However, the court may in its discretion, on written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the substantive rights or interests of any party or person who might be affected by the decree, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that requirements of notice have been complied with. In such case the grounds of emergency or necessity and the facts with respect thereto shall be recited in the decree unless otherwise ordered by the court. The court may enter an order finding the respondent in default and waiving conciliation when the respondent has failed to file an appearance within the time set forth in the original notice.

598.28 Separate maintenance and annulment.

A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of this chapter in relation thereto shall apply to separate maintenance and annulment actions.

598.29 Annulling illegal marriage — causes.

Marriage may be annulled for the following causes:
1. Where the marriage between the parties is prohibited by law.
2. Where either party was impotent at the time of marriage.
3. Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party.
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 the information at the following links:

http://lawdigest.uslegal.com/family-laws/annulment-and-prohibited-marriage/7112/
http://lawdigest.uslegal.com/family-laws/divorce,-separation-and-annulment-overview/7338/#StateLaws

Please see the forms at the following links:

12/30/2007 - Category: Annulment - State: IA #14357

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