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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Annulment


Introduction

In some limited circumstances the court can order a marriage annulled. Annulment means that the marriage never existed. This is different from a divorce, which ends a marriage. An annulment has different financial, social and religious consequences than a divorce. Most couples who wish to end their marriage can meet the legal grounds for a divorce, but not for an annulment.

Even though an annulment means the marriage never existed, the court may order child custody, parent time, and child support for children born during the marriage. The court may also address property and debt division and other issues.

While the court process for requesting an annulment is similar to that for a divorce, the required legal grounds are different. For that reason, the forms for an annulment case are different than those for divorce.


Requirements

The circumstances in which the court can order a marriage annulled are limited. Under Utah Code Section 30-1-17.1 a marriage can be annulled only for one of the following reasons:

  • One person was married to someone else, including if that person's divorce decree was not yet final.
  • One person was under 18, and that person's parent did not consent to the marriage.
  • One person was under 14 (if the marriage was before May 3, 1999) or under 16 (if the marriage was on or after May 3, 1999).
  • The marriage was between parties of the same sex*.
  • The marriage was between close relatives (such as a brother and sister) who are not permitted to marry.

Length of marriage is not a legal ground for annulment under Utah's statute. Although not mentioned in the statute, a marriage can also be annulled for reasons recognized by the court, such as misrepresentation, fraud or refusal to consummate the marriage.

* While the current statute says marriages between persons of the same sex are void, the U.S. Supreme Court has declared that restriction unconstitutional. This area of law continues to develop. Consider contacting an attorney if you have questions about same-sex marriage.


Forms

There are no forms on this website for requesting an annulment.


Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 1/20/2017
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