Annulment or Divorce- The Rules for Getting an Annulment of Marriage in Minnesota.

DovesAnnulment is like divorce because it is a court proceeding that results in the end of a marriage.  An annulment works to erase the marriage; that is, the marriage is treated as if it didn’t happen at all.  When parties get divorced there is a record of both the marriage and the divorce.

Who Can Get an Annulment in Minnesota?

Minnesota Statute Sections 518.02-518.05 articulate the standards necessary to obtain an annulment.  A party may ask for an annulment if any of the following conditions are met;

a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;

(b) A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity;

(c) A party was under the age for marriage established by section 517.02.

Any person the age of 18 may consent to marriage, if otherwise competent.  A person of 16 years may with the consent of the parents or guardian or legal custodian or the court may receive a license to marry. ( Minn. Stat. Section 517.02)

How Soon Do You Need to Proceed?

An annulment may be sought by any of the following persons and must be commenced within the times specified, but in no event may an annulment be sought after the death of either party to the marriage.

(a) for a reason set forth in section 518.02 clause (a), by either party or by the legal representative of the party who lacked capacity to consent, no later than 90 days after the petitioner obtained knowledge of the described condition;

(b) for the reason set forth in section  518.02 clause (b), by either party no later than one year after the petitioner obtained knowledge of the described condition;

(c) for the reason set forth in section 518.02 clause (c), by the under-aged party, the party’s parent or guardian, before the time the under-aged party reaches the age at which the party could have married without satisfying the omitted requirement.  (Minn. Stat. Section 518.05)

How Do You Begin the Proceeding?

There are no forms for annulment in Minnesota. The legal pleadings (documents) must be drafted in a format similar to a divorce petition, but with the specificity required by the annulment statutes.

Kate Willmore, Saint Cloud, Minnesota, Family Lawyer & Mediator

320-217-6030 or kaw@katewillmorelaw.com

www.katewillmorelaw.com     www.katewillmoremediation.com    www.katewillmorewillstrusts.com

Copyright 2013

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

One Response to “Annulment or Divorce- The Rules for Getting an Annulment of Marriage in Minnesota.”

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