Annulment
Is this the right process for you?
Annulment is different from divorce.
| Annulment | Divorce |
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Answer these questions to see if annulment is right for you.
The law says you can ask for an annulment in a county where you (the person asking, called the petitioner) or the other party in the marriage (the one you are asking about, called the respondent) calls home. If you are not sure what that means for you, get some legal advice. See our page on finding legal help.
Answer these questions about whether you have children with the other person:
Children under 18:
- Do you have any children under 18 together?
- Are you expecting a baby together?
- Do you have any children born during your marriage where the father might be someone else?
18-year-old children:
- Do you have an 18-year-old child who has not graduated high school yet?
Adult children:
- Do you have any children 18 or older who have disabilities and need your support?
Legal advice:
- Has a lawyer told you to include any children in your case?
If you answered YES to any of these questions about children: Our simple annulment forms on this page are not the right fit for your situation. But this does NOT mean you can't get an annulment at all! Sometime, even if you have kids, you still really need an annulment (like if someone was already married to someone else!). Our forms here won't work for these kinds of cases, so you'll need to get some legal advice. See our page on finding legal help.
You can also look at our divorce page. Even though it's for divorce, it has an online helper that can deal with trickier situations like having children or property. It can give you an idea of how much information about children (custody, parent-time, support) and finances (income, debt, property) needs to be gathered and shared with the court.
NO: Answer the next question.
There isn't a special online helper (like a guided interview) that can fill out these annulment forms for you. So, you'll need to fill these out by hand. This webpage is the main place to find information to help you with these specific forms.
Do you:
- Have retirement accounts or investments?
- Own a house together?
- Have business income, more than 3 bank accounts, or lots of debt?
YES to ANY question above: Our simple annulment forms on this page are not the right fit for your situation. But this does NOT mean you can't get an annulment at all! Sometimes, even if you have a lot of money, a house, or debt, you still really need an annulment (like if someone was already married to someone else but they bought a house together and saved some money!). Our forms here won't work for these kinds of cases, so you'll need to get some legal advice. See our page on finding legal help.
You can also look at our divorce page. Even though it's for divorce, it has an online helper that can deal with trickier situations like having children or property. It can give you an idea of how much information about your retirement accounts, house, or finances needs to be gathered and shared with the court.
NO: Answer the next question.
Utah law requires you to have a valid reason to annul your marriage. Even if your marriage lasted only a day, that is not a valid reason.
Here are some of the main reasons a judge might annul a marriage in Utah, according to the law:
- One of you was already married to someone else
- One of you was under 18 and did not get proper permission
- Before May 14, 2019: One person was under 18 and did not marry legally
- After May 14, 2019: One person was 16 or 17 and did not get permission from a parent or guardian and approval from the juvenile court
- You are close relatives (like siblings or cousins)
The law also says a judge can annul a marriage for other important reasons that come from decisions judges made in other cases before. These are called common law grounds. Here are some of the main reasons a judge might annul a marriage in Utah, based on common law grounds:
- One of you lied or hid something important (like whether you have a physical or mental disability or have a felony record) that affects the marriage
- One of you was physically forced or threatened to get married
- One of you was not able to, or refused to, start your marriage in the private, physical way that married people do, so the marriage was never consummated
- A licensed professional gave you legal advice and said you have a valid reason under the law
If none of these apply to you, you might not qualify for an annulment. Try our divorce page instead - divorce does not have these kinds of requirements.
If you are not sure, get some legal advice. See our page on finding legal help.
What paperwork you need depends. If you and the respondent agree, the process can move quickly. If you do not agree or are unsure, there could be more steps involved.
The forms and information here will only work if the respondent agrees and is willing to sign an agreement. If you are not sure, choose the other option instead.
To Do 1: Fill out the following forms
- 1158.5XX - Utah District Court Cover Sheet for Domestic Relations Cases
- 3001FA - Verified Petition for Annulment or in the Alternative for Divorce
You are the petitioner.
The other person is the respondent.
Check the box on page 1 that says "and stipulation." Have the respondent sign the last page.
- 3002FA - Findings of Fact and Conclusions of Law on Verified Petition for Annulment or in the Alternative for Divorce
- 3003FA - Decree of Annulment or Divorce
To Do 2: File all the papers with the court
Where to file: File in a county you or the respondent consider home.
- How to File: Choose ONE:
- In Person: Take your papers to the courthouse clerk's office.
- Email: Send copies to your court's email address (find it here), write "New filing for [your name]" in the subject line, papers must be in English, filled out completely and only black and white.
- Papers must be in PDF format (learn how to make a PDF).
- Mail: Slowest method. Papers only filed when received by court.
- Pay fee or ask for waiver: The court will tell you how to pay. If you cannot afford it, file a fee waiver with your other papers.
- Get Copies: Request date-stamped copies if filing in person.
Need more help? See our page on Filing Procedures.
To Do 3: Wait for the court to respond
The court will make a decision based on your papers or schedule a hearing. Look for for more information from the court.
To Do 4: Send copies of your signed papers
When the court signs the papers, send signed copies of the Decree and the Findings of Fact and Conclusions of Law to the respondent. You need to send them one more time so they know the case is finished.
Sending papers during your case:
- Who Gets Copies: Send to all parties (or their lawyer or licensed paralegal practitioner)
- How to Send: Choose ONLY one way:
- Email.
- Hand Delivery.
- Mail.
- My Court Case (online system) if you can file online (only some case types) AND the other side has an account or is represented.
- one of the other ways allowed under court rules.
- Prove It: Fill out the "Certificate of Service" (usually on the last page of your court form) and file it with your court papers. This is required.
Have more questions? See our page on Serving Papers.
After that, make sure you do what the decree says. You do not need to take any other steps on this page.
To Do 1: Fill out the following forms:
- 1158.5XX - Utah District Court Cover Sheet for Domestic Relations Cases
- 3001FA - Verified Petition for Annulment or in the Alternative for Divorce
This form is smart. It asks the court for annulment first. If the court says no to annulment, the form asks for a divorce as a backup option. You only file once.
How it works: If the court agrees, your marriage can be annulled. If the court cannot grant an annulment, you could get a divorce instead (30-day wait).
In the petition, you are the petitioner.
The other person is the respondent.
To Do 2: Choose your summons and add it to your papers:
If the respondent lives:
- IN Utah, use a summons that gives them 21 days to respond
- 1015FA - Summons (In State)
- OUTSIDE of Utah, use a summons that gives them 30 days to respond
- 1016FA - Summons (Out of State)
You can ask the court for help right away if you need it while your case is pending.
You might need temporary orders if:
- You need help paying bills like rent or the house payment.
- You are having fights about money, property, or something else.
When to ask:
- If you need help quickly: file a Motion for Temporary Orders with your paperwork now.
- If you need help later: file the motion when issues come up before your case is finished.
What to know:
- No extra court fees.
- More paperwork to fill out.
- There could be other requirements.
Get forms and help on our temporary order page.
To Do 1: Organize all of your papers
- Put the cover sheet on top
- Make sure all the pages of your petition are in order
To Do 2: Make copies of everything you file. You will need them
To Do 3: File your papers with the court
Where to file: File in a county you or the respondent consider home.
- How to File: Choose ONE:
- In Person: Take your papers to the courthouse clerk's office.
- Email: Send copies to your court's email address (find it here), write "New filing for [your name]" in the subject line, papers must be in English, filled out completely and only black and white.
- Papers must be in PDF format (learn how to make a PDF).
- Mail: Slowest method. Papers only filed when received by court.
- Pay fee or ask for waiver: The court will tell you how to pay. If you cannot afford it, file a fee waiver with your other papers.
- Get Copies: Request date-stamped copies if filing in person.
Need more help? See our page on Filing Procedures.
You get automatic protection when you file your petition.
The court creates protection rules as soon as you file. On your court papers, this will be called a "Domestic Relations Injunction." These rules protect both you and the respondent while your case is pending.
You do not need to file anything extra. This happens automatically when you file your petition.
What these rules prevent:
Both of you cannot:
- Harass or intimidate each other.
- Commit domestic violence or abuse.
- Change who gets insurance money or stop paying for insurance.
- Transfer or hide property (except for normal business or basic needs).
- Cancel phone, utility, or other services.
If you have children, both of you also cannot:
- Take children on long trips without without written permission or telling the respondent where you are going and how to reach you.
- Talk badly about each other in front of the children.
- Use children to arrange visits with the other parent.
Important Details:
- For you: The rules start when you file your petition.
- For respondent: The rules start when they get the court papers.
- How long they last: Until your case ends or the court changes them.
Read the complete rules on the Domestic Relations Injunction page.
Make sure you serve the Domestic Relations Injunction along with your other papers
You must give the other person copies of your first court papers. This is called service. Follow these steps:
To Do 1: Gather the organized papers you filed.
- If your papers include a summons, make sure it is on top.
To Do 2: Choose how to serve the papers:
In-person delivery: Someone hands papers directly to the other person or leaves them at their home with another adult who lives there.
- Who serves?
- Not you! You cannot serve papers yourself.
- Any adult (free): Someone 18+ not involved in your case.
- Sheriff/Constable (for a fee): Contact your county sheriff's office.
- Process server (for a fee): A business that delivers legal papers.
Special delivery: Send your papers to the other party using the U.S. Postal Service or a commercial courier service like FedEx or UPS but get a signature for delivery.
- Regular mail with stamps is NOT allowed.
- You need a signature from the other party – only the defendant or respondent can sign. No one else.
Ask the other party to accept service: If they agree, you can just give them the court papers in a way that works for you both.
- Have them sign an Acceptance of Service form.
- Pick another method if they will not sign.
To Do 3: Get Proof of Service signed and file it:
- Use the Proof of Service form:
- 1020FA - Proof of Completed Service (Family)
- The person who served or sent the papers must complete and sign it.
- File the Proof of Service along with:
- Your summons
- Proof of signature if you used special delivery
- Acceptance of Service if the other side accepted service
Need more guidance? See our page on on serving papers.
You must serve your papers within 120 days of filing your case.
After your papers are served, your next step depends on whether the respondent files an answer or not.
The respondent might file what is called an "answer." This tells the court they disagree with what you asked for in your petition.
| If you get a counterpetition: you need to file a response. See our answer page for guidance. |
Once the respondent files their answer, there are other parts to your case. Here is what comes next:
If you reach an agreement on all the issues in your case, skip to part 4.
You and the respondent must share information about your case. This helps both of you prepare for any hearings or negotiations.
When: You must share within 14 days after the respondent files their answer with the court.
To Do 1: Fill out these forms
- 1200FA - Initial disclosures
- 1201FA - Certificate of service of initial disclosures
Follow the instructions on the disclosures form. Include information about:
- People who know about your case and what they know.
- Documents that support your case (emails, photos, records).
- Any witnesses you might call and what they will say.
- Any money you are asking for and why.
To Do 2: File the Certificate of Service of Initial Disclosures
Do not file your actual disclosures.
- How to File: Choose ONE:
- In Person: Take your papers to the courthouse clerk's office.
- Email: Send copies to your court's email address (find it here), write "Filing in [your case number]" in the subject line, papers must be in English, filled out completely and only black and white.
- Papers must be in PDF format (learn how to make a PDF).
- eFiling: My Court Case (online system). Not available in most cases: only eviction, debt collection, and small claims.
- Mail: Slowest method. Papers only filed when received by court.
- Get Copies: Request date-stamped copies if filing in person.
Need more help? See our page on Filing Procedures.
To Do 3: Serve the respondent copies of all your forms
Sending papers during your case:
- Who Gets Copies: Send to all parties (or their lawyer or licensed paralegal practitioner)
- How to Send: Choose ONLY one way:
- Email.
- Hand Delivery.
- Mail.
- My Court Case (online system) if you can file online (only some case types) AND the other side has an account or is represented.
- one of the other ways allowed under court rules.
- Prove It: Fill out the "Certificate of Service" (usually on the last page of your court form) and file it with your court papers. This is required.
Have more questions? See our page on Serving Papers.
To Do 4: Wait for the respondent's initial disclosures
The respondent must also send you their disclosures. They have 42 days from the date they filed their answer.
The court could require you and the respondent to also complete a financial declaration. See our page on financial declarations for mroe inforrmation.
Attend Any Hearings (If Scheduled)
The court might schedule a case management conference or other hearings depending on your specific situation.
Watch for notices from the court. If the court schedules any hearings, you will receive a notice with the date, time, and location.
If the Court Schedules a Case Management Conference
This is a hearing with the court to set dates and deadlines for your case.
The court might schedule dates for:
- Sharing your financial declarations and initial disclosures.
- Trial.
- Other deadlines based on your specific case.
Prepare for the hearing:
- Bring any papers the court asks for in the notice.
- Be ready to discuss dates that work for your schedule.
- Ask questions if you do not understand something.
Atttend Any Other Scheduled Hearings
The court might schedule other hearings if you or the respondent files additional requests during your case.
Follow the same steps:
- Read the notice carefully for what to bring.
- Arrive on time.
- Be prepared to discuss the specific issue.
If the respondent filed an answer, you usually must attend mediation before your case can move forward.
Mediation is a meeting where both people try to work out an agreement by talking with a neutral third person, the mediator.
How does it work?
- Conversation: You and the respondent talk with a trained mediator.
- Private process: What you say in mediation stays confidential.
- Your choice: You decide whether to agree to anything.
- Not a judge: The mediator cannot force you to agree to anything.
What are the specifics?
- You choose the mediator together from the court's list, or pick your own qualified mediator.
- You split the cost or find a low-cost option.
- Meet online or another agreed location.
Mediation can help you work out an agreement for all the issues you have in your case. Find a mediator by:
- reviewing the court roster of qualified mediators
- finding a low-cost option:
- Utah Dispute Resolution
- Mountain Mediation Center - Summit and Wasatch counties only
See our page on mediation for more details.
Can I skip mediation?
You must ask the court first. You or the other party can ask the court to excuse you from mediation if needed. See our page on asking to excuse mediation.
What happens after mediation?
If you reach an agreement:
- The mediator will help you write it down.
- See Part 4 for how to file your agreement with the court.
If you do not reach an agreement:
- Your case continues through the court process as scheduled.
- You can try mediation again later if both people agree.
If you come to an agreement in your case, file paperwork with the court to have the court sign a final decree.
To Do 1: Fill out these papers
- 3001FA - Verified Petition for Annulment or in the Alternative for Divorce
- 3002FA - Findings of Fact and Conclusions of Law on Verified Petition for Annulment or in the Alternative for Divorce
- 3003FA - Decree of Annulment or Divorce
To Do 2: File all the papers with the court
Get help with how on our filing page.
To Do 3: Send copies of everything you file to the respondent
How to send copies: follow the instructions on our serving other papers page.
To Do 4: Wait for the court to respond.
The court will make a decision based on your papers or schedule a hearing. Look for for more information from the court.
When the court signs the papers, send signed copies of the Decree and the Findings of Fact and Conclusions of Law to the respondent. You need to send them one more time so they know the case is finished.
After that, make sure you do what the decree says.
The respondent must officially respond to the petition by the deadline. This is called "filing an answer."
- If served in Utah - they must answer within 21 days.
- If served outside Utah - they must answer within 30 days.
If they do not respond, you can ask the court to rule in your favor. This is called a default judgment.
To Do 1: Check if the respondent is in the military
Before asking for default, you must check if the respondent is in the military. If you already know, you can move on to To Do 2.
- Go to the Servicemember Civil Relief Relief website.
- Enter the respondent's information.
- Print or save the results. You will need them for the next step.
If the respondent IS in the military: The court might delay the case for up to 90 days.
To Do 2: Fill out these papers
Military Service Forms (required for all defaults):
- 1352FA - Military Service Declaration
- 1353FA
Default and Final Order Forms:
- 1350FA - Default Certificate - Family
- 1351FA - Motion for Default Judgment - Family
- 1110FA
- 3002FA - Findings of Fact and Conclusions of Law on Verified Petition for Annulment or in the Alternative for Divorce
This must match what you asked for in your petition
- 3003FA - Decree of Annulment or Divorce
This must match what you asked for in your petition
- 1354FA - Notice of judgment
To Do 3: File your papers with the court
- How to File: Choose ONE:
- In Person: Take your papers to the courthouse clerk's office.
- Email: Send copies to your court's email address (find it here), write "Filing in [your case number]" in the subject line, papers must be in English, filled out completely and only black and white.
- Papers must be in PDF format (learn how to make a PDF).
- eFiling: My Court Case (online system). Not available in most cases: only eviction, debt collection, and small claims.
- Mail: Slowest method. Papers only filed when received by court.
- Get Copies: Request date-stamped copies if filing in person.
Need more help? See our page on Filing Procedures.
To Do 4: Send copies to the respondent
Sending papers during your case:
- Who Gets Copies: Send to all parties (or their lawyer or licensed paralegal practitioner)
- How to Send: Choose ONLY one way:
- Email.
- Hand Delivery.
- Mail.
- My Court Case (online system) if you can file online (only some case types) AND the other side has an account or is represented.
- one of the other ways allowed under court rules.
- Prove It: Fill out the "Certificate of Service" (usually on the last page of your court form) and file it with your court papers. This is required.
Have more questions? See our page on Serving Papers.
To Do 5: Wait for the court to respond
If the court signs your papers, you will receive a notice in MyCourtCase or they will send you copies. If there is a problem, the court will tell you.
Next steps:
If the court signed your papers, you need to send another set of copies to the respondent. This tells them the case is finished. Send signed copies of:
- the Decree
- the Findings of Fact and Conclusions of Law
- the Notice of Judgment
After that, make sure you do what the decree says.
Your case might need to go to trial if:
- you and the respondent cannot agree after talking or mediating.
- the court orders a trial.
What happens at a trial?
A trial is a formal meeting at court where you and the respondent each present your side of the case to the court. At the trial, you both can:
- Show evidence (like photos, receipts and bank statements).
- Tell your story about what happened.
- Have witnesses speak.
- Answer questions from the court.
After hearing from both sides, the court will make a decision about your case.
How get ready for trial
You will need to file more papers and send more disclosures to the respondent. See our page on getting ready for trial for forms and guidance.