Family Law

Annulment Attorney, Montana

Most people who ask about annulment are actually looking for a fast, clean divorce. Sometimes annulment is the right tool. More often it is not, and it helps to know that early.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: August 12, 2026

Almost everyone who calls us about annulment wants the same thing: to undo a marriage quickly and cleanly, ideally without the word divorce attached to it. Sometimes there are religious reasons. Sometimes the marriage was brief and it feels like it should not count. Sometimes something happened before the wedding that the other person concealed.

Those are understandable reasons to ask. They are not all legal grounds, and the honest answer is that annulment in Montana is considerably narrower than most people expect.

What Montana Actually Calls It

Montana law refers to a declaration of invalidity of marriage, addressed in Title 40, Chapter 1 of the Montana Code Annotated. The distinction from divorce is conceptual:

A dissolution, which is Montana's term for divorce, ends a marriage that was valid for as long as it lasted.
A declaration of invalidity establishes that the marriage was legally defective from the beginning.

A Short Marriage Is Not a Ground

We want to say this plainly because it saves people time and money. The brevity of a marriage does not, by itself, qualify it for annulment in Montana. Two people who married in June and separated in September have a divorce, not an annulment, unless something was wrong with the marriage at the moment they entered it.

The relevant question is never how long did this last. It is was this marriage valid when it was made.

The Categories Are Narrow and Specific

Montana's grounds concern defects existing at the time of the marriage. Broadly, they involve circumstances such as:

Lack of capacity to consent, whether from incapacity or from an inability to understand what was being entered into.
Consent obtained by force or duress, meaning the marriage was not genuinely voluntary.
Fraud going to the essence of the marriage, which is a demanding standard. Concealed debt or a misrepresented personality generally does not meet it.
A legal impediment to the marriage existing at the time it was performed.

Whether a particular situation fits one of these is genuinely fact-dependent, and it is not a question anyone can answer responsibly from a general description. It is the right question for a consultation.

Your Children Are Not Affected

This concern keeps people from even asking, so it is worth addressing directly. A declaration of invalidity does not change your children's legal status or strip them of anything. Parentage, custody, parenting plans, and support are handled as they would be in any other family matter. See our pages on child custody and child support.

For Most People, Divorce Is the Better Tool

Because the grounds are narrow and typically require proof about the circumstances of the marriage, annulment is often slower and less certain than the alternative. Where both spouses agree, an uncontested divorce is usually faster and far more predictable. Where you want to resolve things without an adversarial process, our cooperative family law approach may fit.

We would rather tell you that in the first conversation than after you have paid for a filing that was never likely to succeed. Call 406-830-3060.

Family Law Uncontested Divorce Divorce Attorney, Missoula Property Division Cooperative Family Law

FAQ

Frequently Asked Questions

We were only married a few months. Can I get an annulment?

Probably not on that basis alone, and this is the assumption we correct most often. Montana does not offer annulment as a shortcut for brief marriages. The length of the marriage is not itself a ground. What matters is whether something was wrong with the marriage at the moment it was entered into, such as a party lacking capacity to consent or a legal impediment to marrying at all. A four-month marriage between two people who simply changed their minds is a divorce.

What is the difference between annulment and divorce?

A dissolution, which is what Montana calls divorce, ends a marriage that was valid while it lasted. A declaration of invalidity says the marriage was legally defective from the start. The practical difference matters less than people expect, because the court can still address property and, where there are children, parentage, custody, and support. The distinction is mostly about legal status rather than about escaping the consequences of the relationship.

What kinds of grounds does Montana recognize?

They are narrow and fact-specific, and generally concern a defect existing at the time of the marriage. Categories include a party lacking the capacity to consent, whether because of incapacity or because consent was obtained by force or by fraud going to the essence of the marriage, and situations where there was a legal impediment to the marriage. Whether your circumstances fit one of these is exactly the question to bring to a consultation, because the details decide it.

Are my children affected if the marriage is annulled?

No, and this worry stops people from asking about annulment at all. Children of a marriage later declared invalid keep their legal status and their rights. Parentage, custody, parenting plans, and child support are addressed the same way they would be in any other family law matter. An annulment does not unmake a family.

Does an annulment mean neither of us owes the other anything?

Not necessarily. People sometimes pursue annulment believing it erases financial entanglement, but a court can still address property acquired during the relationship and other obligations. If your interest in annulment is mainly financial, it is worth getting a realistic picture before committing to that route, because the outcome may not differ as much as you expect.

Is annulment faster than divorce?

Usually not. Because the grounds are narrow and specific, annulment often requires proving facts about the circumstances of the marriage, which takes evidence and time. An uncontested divorce where both spouses agree is typically the faster and more predictable path. We will tell you honestly which one fits your situation rather than filing the one you came in asking for.

Not Sure Whether You Need an Annulment or a Divorce?

One conversation usually settles it. Call 406-830-3060 and we will tell you which path actually fits.

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