Idaho Code
Idaho Code § 32-501 (2026)
Grounds of annulment.
✓ current as of May 2026
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Grounds of annulment.
A marriage may be annulled 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 annulled was under the age of legal consent, and such marriage was contracted without the consent of his or her parents or guardian, or persons having charge of him or her; unless, after attaining the age of consent, such party for any time freely cohabits with the other as husband or wife;
2. That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force;
3. That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
4. That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife;
5. That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife;
6. That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1956–2022 · leading case: Carver v. Hornish, 518 P.3d 1175 (Idaho 2022).
Carver v. Hornish, 518 P.3d 1175 (Idaho 2022). “See I.C. § 32-501 (providing that such a marriage cannot be annulled if “after attaining the age of consent, [the party on whose behalf an annulment is sought] for any time freely cohabits with the other”).”
Mays v. Folsom, 143 F. Supp. 784 (D. Idaho 1956). “The annulment of the marriage was granted as provided by §§ 32-501, subd. 1, and 32-502, subd. 1, Idaho Code.”
Ferguson v. Ferguson, 415 P.2d 676 (Idaho 1966). “I.C. § 32-501 (6). Likewise regarding the defendant’s allegation of cruelty as enlarged by the proof, the dismissal of this counterclaim was not reversibly erroneous.”
Usha Pandey Sharma v. Niraj Sharma (Idaho Ct. App. 2015). “That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force.”
— Idaho Code § 32-501(2) — 1 case
Usha Pandey Sharma v. Niraj Sharma (Idaho Ct. App. 2015). “That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force.”
— Idaho Code § 32-501(6) — 1 case
Ferguson v. Ferguson, 415 P.2d 676 (Idaho 1966). “I.C. § 32-501 (6). Likewise regarding the defendant’s allegation of cruelty as enlarged by the proof, the dismissal of this counterclaim was not reversibly erroneous.”
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