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Code · CFR · Title 25 — Indians · Part 11 · § 11.604

§ 11.604. Declaration of invalidity.

134 words·~1 min read·/us/cfr/t25/s§ 11.604·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances:
(1)A party lacked capacity to consent to the marriage, either because of mental incapacity or infirmity or by the influence of alcohol, drugs, or other incapacitating substances; or
(2)A party was induced to enter into a marriage by fraud or duress; or
(3)A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was entered into, the other party did not know of the incapacity; or
(4)The marriage is prohibited under § 11.603.
(b)A declaration of invalidity may be sought by either party to the marriage or by the legal representative of the party who lacked capacity to consent.
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