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Is Annulment an Option?

If you haven’t been married a long time, you might wonder whether annulment is an option. Annulment is a way to declare a marriage legally null and void, as if it had never happened—you won’t have to divide property or litigate other issues.

Here are the instances in which an annulment could be granted in Minnesota:

  • Your marriage is prohibited by law:This describes marriages that could never have been legal on their face, such as incestuous marriages (between two closely related people) or bigamous marriages (where one spouse is still married to another person).
  • One spouse lacked capacity:This can apply when one spouse was legally unable to consent because of intoxication or mental issues. Keep in mind that if that spouse recovers and still lives with the other spouse, that cannot be used as the basis for annulment.
  • Force or fraud:If one of the spouses consented to marriage due to force or fraud, that is grounds for an annulment. However, if the spouses choose to live together afterward, this is typically not grounds for annulment.
  • Incapacity to consummate:When one spouse lacks the physical capability to consummate the marriage sexually, and hides that from the other spouse, that can be grounds for annulment.
  • Underage spouses:When a spouse is underage and does not have the consent of a parent or guardian to marry, that can be grounds for annulment—but not if the younger spouse chooses to live with their spouse after they reach the age of majority.

If you’re interested in learning whether an annulment is an option for your marriage, call the trusted divorce attorneys at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN today.

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  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.


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