Annulment

Annulment Attorney in Anoka, Minnesota

An Annulment terminates a marriage if the marriage didn’t exist. While this may seem confusing, a marriage is not valid if there are a certain number of factors that are present. When those factors are present, you can seek an annulment.

If you have entered into a marriage and you need an annulment, you need an experienced Minnesota annulment attorney who can help you through the process and put an end to the marriage. Once it is over, it is as if the marriage never happened and you and the other party can move on with your lives.

Bases For Annulment

In Minnesota, there are certain circumstances in which a marriage can be annulled. They are:

  • One of the parties was already married at the time of the marriage
  • One of the parties was underage. In Minnesota, the legal age for marriage is 18. However, a person between the ages of 16 and 17 can marry with parental or guardian consent.
  • One party suffers from mental incapacitation or illness and the other party was not aware of this fact at the time of the marriage
  • One of the parties was incapacitated at the time of the marriage ceremony, which could mean they were under the influence of drugs or alcohol.
  • One of the parties was forced into the marriage through coercion.
  • Consent to the marriage was fraudulently obtained or obtained under duress
  • One of the parties was not capable of consummating the marriage and the other party was not aware of this at the time of the ceremony

It only takes one of these bases to be established for the marriage to be annulled. However, divorce is still on the table if it is necessary. If divorce may be necessary in your case, you have your option of contested, uncontested, or collaborative divorce. Many times, divorce matters can be decided over alternative dispute resolution, or ADR, which is affordable and saves time.

Helping You Understand Annulment

There is a misconception that annulment is a simple process and that it is less expensive and less complicated than divorce. The fact is that the annulment procedures can be more complicated because there is the burden of proof that the marriage qualifies for annulment. The marriage has to be proven as invalid in order for the annulment to occur.

Nonetheless, annulments are not unheard of in Minnesota, but they are rare. When a marriage is broken, our recommendation is to dissolve it through divorce instead of trying to void the marriage. However, there are some cases where annulment does make a lot of sense and your Minnesota divorce attorney can help you with that every step of the way so you can receive the result that you are looking for.