{"data":{"id":"us/25-cfr-11.604","jurisdiction":"us","citation":"25 CFR 11.604","heading":"Declaration of invalidity.","body":"(a) The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances:\n(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\n(2) A party was induced to enter into a marriage by fraud or duress; or\n(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\n(4) The marriage is prohibited under § 11.603.\n(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.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER B—LAW AND ORDER","PART 11—COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE","Subpart F—Domestic Relations"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"973dd293f2f38d239a69175981daa41e8b0dcf23bf782b9d6182b62b9b784264","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-11.603","next":"us/25-cfr-11.605"},"notice":"GroundRules: Original legal text. Not legal advice."}