Should I Get an Annulment or Divorce in Minnesota?

Annulment vs. Divorce in Minnesota 

In Minnesota, a divorce or dissolution of marriage is the termination of the marital relationship between a husband and wife. A Divorce Decree completely terminates the marital status of both parties and is granted when there has been an irretrievable breakdown of the marriage relationship. The Divorce Decree governs certain rights and responsibilities of the parties including, but not limited to, custody of minor children, parenting time rights, child support, spousal maintenance, and division of property.

Void Marriages

However, in certain circumstances, one or both parties may essentially reverse the marriage relationship as being void. Specifically, if a civil marriage was entered into while one of the parties was still legally married to someone else, the marriage is void. Marriages entered into between family members (whether by blood or adoption) are also void. Lastly, marriages entered into by two individuals who are below the age of 18 are considered void as we

Voidable Marriages

Moreover, a marriage shall be declared a nullity (and voidable by one party) if one of the parties lacked the requisite capacity to consent to the marriage at the time the marriage was solemnized, either due to mental incapacity or infirmity (i.e. unable to have children), and the other party at the time did not know of the incapacity. If one or both parties were under the influence of alcohol, drugs, or other incapacitating substances, the marriage may be declared a nullity and become voidable as well. If consent to enter into the marriage relationship was obtained by force or fraud and the parties never later lived together voluntarily, the marriage may be voidable by the non-fraudulent party. If a party lacks the capacity to have sexual intercourse and the other party at the time of the marriage did not know of the incapacity, that party may seek to void the marriage. Lastly, if one party was under the age of 18, that party may nullify the marriage for that reason.

Reasons to Obtain an Annulment

So what are the legal recourses a party to a marriage can take upon learning that a marriage is null and void? A party to a null and void (or voidable) marriage can file an Annulment Complaint with the Court. If it is proven to the Court that a nullity of the marriage exists, the marriage will be adjudged null and void. Notwithstanding the reasons stated above for declaring a marriage null and void, it should be noted that no marriage will be declared a nullity on the ground that one party was under age 18, if it appears that the parties voluntarily cohabited together as husband and wife after attaining the age of majority. Similarly, the marriage of any person who lacks mental capacity to make decisions shall not be declared to be void after that person regains capacity, if it appears that the parties freely cohabited together as husband and wife after the restoration of capacity.

When can I Seek an Annulment?

If a party wants to annul a marriage due to lack of capacity, infirmity, or because the marriage was obtained by fraud, either party must file for an annulment within 90 days after they obtained knowledge of such condition. If a party wants to annul a marriage due to one party’s inability to have sexual intercourse, either party must file for an annulment no later than one year after the petitioner obtained knowledge of that condition. If one party was under the age of 18 at the time of the marriage, the underaged party—or that party’s parent or guardian—may bring an action for an annulment at any time before the underaged party reaches the age of 18.

If you have become married and later learn that one of the conditions listed above is present, you may qualify for an annulment of your marriage. An annulment may have many benefits as, once it is granted, your “spouse” may not be able to receive the many rights and benefits that stem out of the marriage relationship and that are awarded in a divorce. If you are seeking an annulment of your marriage, contact the annulment attorneys and divorce attorneys at RAM Law PLLC to schedule your free initial case evaluation.