Ind. Code ch. 31-11-10

in effect

Ind. Code § 31-11-10-0.3 Legalization of certain judgments for annulment of marriage

Sec. 0.3. A judgment for annulment of marriage that was: (1) entered before February 27, 1937; (2) granted because of fraud on the part of a party to the marriage; and (3) granted in a case in which the defendant received service by publication; is legalized. As added by P.L.220-2011, SEC.493.

Ind. Code § 31-11-10-1 Action by party incapable of contracting marriage; petition filed by guardian

Sec. 1. (a) This section applies to a marriage that is voidable under IC 31-11-9-2 on the ground that a party to the marriage was incapable because of age or mental incompetency of contracting the marriage. (b) The incapable party described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter. (c) If a guardian of an incapacitated person is filing a petition for annulment of a marriage on behalf of the incapacitated person, the petition for annulment must set forth the name and address of the guardian. (d) If a guardian of an incapacitated person files a petition for annulment of a marriage on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for annulment of marriage described in IC 29-3-9-12.2. [Pre-1997 Recodification Citation: 31-7-7-1 part.] As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.11.

Ind. Code § 31-11-10-2 Action by victim of fraud; defense

Sec. 2. (a) This section applies to a marriage that is voidable under IC 31-11-9-3 on the ground that the marriage was brought about through fraud on the part of one (1) of the parties to the marriage. (b) The alleged victim of fraud described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter. (c) It is a defense in an action brought under this section that, after the discovery of the alleged fraud, the alleged victim continued to cohabit with the other party to the marriage. [Pre-1997 Recodification Citation: 31-7-7-2(a) part, (b).] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-10-3 Jurisdiction

Sec. 3. A circuit or superior court has jurisdiction over actions to annul voidable marriages under this chapter. [Pre-1997 Recodification Citation: 31-7-7-3.] As added by P.L.1-1997, SEC.3.

Ind. Code § 31-11-10-4 Procedure; filing in county of guardian's residence

Sec. 4. (a) An action to annul a voidable marriage under this chapter must be conducted in accordance with IC 31-15. (b) If a court has authorized a guardian to file an action to annul a marriage on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file an action to annul a marriage in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the action. [Pre-1997 Recodification Citation: 31-7-7-4.] As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.12.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026