Annulment or Divorce?

When a couple decides to marry, the end of the marriage is rarely something that is on their minds. However, sometimes a marriage has to be ended for different reasons and contrary to the thoughts some people, divorce is not the only way to end a marriage. In certain circumstances a marriage can be annulled which makes the marriage void as though it never happened.

Annulment in Utah Time Limit

Unlike some states, there is no time limit or time frame regarding the filing of annulment papers. The following list of reasons for a successful annulment to occur in Utah:

  • The marriage was between relatives who are not legally allowed to marry, such as a brother and sister.
  • One of the persons in the marriage was under 18 their parents did not consent to the marriage.
  • If a couple was married before May 3, 1999 and at least one party was under 14 years, or if the couple was married after May 3, 1999 and one party was under 16 years of age.
  • Bigamy; if a person gets married to someone while still married to another person, such as getting married a second time before the divorce in a previous marriage was finalized.

Grounds for a Utah Annulment

Although not explicitly stated in the statute, case history indicates that an annulment may also occur for reasons such as misrepresentation, fraud, or if a party refuses to consummate the marriage. The impossibility for a man to get an erection is also grounds for an annulment if the woman can prove this was not a preexisting circumstance she knew about prior to the wedding.

Even though an annulment makes a marriage void as though it never happened, child visitation rights, and child support may still be a requirement in an annulment proceeding. Debt and property divisions may also be a part of the Utah annulment process.

How to Get an Annulment in Utah?

The process of annulling a marriage begins the same way a divorce begins. The person who is seeking an annulment must file a petition with their local domestic relations court. This petition may include information such as how the petitioner would prefer to see property divided, how they hope to have child custody handled and how they want visitation rights assigned; as well as financial support and alimony. The other party in the process will have an opportunity to file their response with the court. The annulment will not take place until the final order is granted.

For questions and help regarding an annulment or other legal issues, contact Wall & Wall Attorneys at Law to see how can help you wind your way through the intricacies of Utah annulment law.

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