There is more than one way to end a marriage legally in Minnesota. The most common method is divorce, a ruling by a court that a marriage existed but is now over. Much less common, however, is annulment, a ruling that a marriage is over because it never legally existed. Annulments are only granted for a select list of reasons such as fraud, mental illness, or an inability to consent to the marriage.
While an annulment erases your marriage, life doesn’t automatically go back to how it was before. In most ways, the effects of annulment are quite similar to divorce.
In an annulment, as in a divorce, the court must determine how to split the marital property, which could include a home, vehicles and other assets. The court will look to find an equitable solution — one that divides assets fairly though not necessarily evenly.
The court must also make determinations about alimony or spousal support using the same formulas that would be used during a divorce. This means that it is possible for a person who was never technically married to pay spousal support to another person. Judges, however, take the needs of both parties, the length of the now-voided marriage, and other factors into account when making this type of decision.
When children are involved, a court will go through the same processes that occur during a divorce to decide issues of child custody, parenting time and child support.
If you believe your marriage may be void or invalid, speak with an experienced Minnesota annulment attorney at Appelhof, Pfeifer & Hart, P.A. today.