UTAH COURTS

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Annulment


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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.

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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 federal courts declared that restriction unconstitutional. This area of law continues to develop. Consider contacting an attorney if you have questions about same-sex marriage.
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Forms

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

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Related Information


Page Last Modified: 2/13/2015
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