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.