Get An Annulment In Minnesota
An annulment is different from a divorce in that it treats the marriage as if it never happened in the first place. This process is unique and not available to all couples. If you have questions about an annulment, you can trust our team at Dwire Law Offices in Lakeville to provide you with complete answers and the advocacy you need.
Our legal team understands how overwhelming this process can be and will take the time to fully explain your options based on the facts of your unique marital situation. From our office in Lakeville, we can assist clients throughout Dakota, Scott and Rice counties.
What Is An Annulment?
An annulment is the process of ending your marriage on the grounds that it should never have been allowed to happen in the first place. This has different legal consequences than obtaining a divorce.
You can reach an annulment of your marriage if:
- One party had a mental illness that the other party was unaware of at the time of the marriage ceremony.
- Consent to the marriage was obtained by fraud or by force.
- One party was under the influence of incapacitating substances, such as alcohol or other drugs, during the marriage ceremony.
- The marriage was not able to be consummated with sexual intercourse due to the fault of one party and the other party was unaware of this at the time of the marriage.
- One party was under the legal age to marry without parental consent, which is 18 in Minnesota, at the time of the marriage.
If any of these conditions apply to your situation, an annulment may be an option worth exploring with an experienced family law attorney.
Legal Consequences Of An Annulment In Minnesota
Unlike other states, Minnesota law still allows for the division of a marital estate even after the marriage is annulled. This means that issues like property division, spousal support and custody may still have to be decided.
Parents often worry that an annulment will affect their rights toward their children. Minnesota favors the parent-child relationship, and the laws are written in a way that protects both parents’ rights when it comes to raising their children. A judge will always look to what the best interests of the children are and work to protect them with every decision that is made.
Is An Annulment Right For You?
Our team often meets with clients who believe an annulment offers advantages over divorce, whether for religious reasons, emotional closure or financial considerations. While annulments can provide these benefits, our goal is for you to understand the practical differences before you proceed.
Unlike divorce, which ends a valid marriage, an annulment declares that a valid marriage never existed. This distinction matters greatly in religious communities and can affect how you view your marital history. However, annulments do not resolve financial obligations differently from divorce, meaning you still have to address property division and support issues.
We frequently see clients seek annulments in situations where courts will not grant them. Common examples include:
- Marriages that lasted several years
- Marriages where couples had children together
- Cases where someone simply regrets marrying their spouse
Understanding the legal grounds for annulment in Minnesota can help clarify whether your situation qualifies. Do remember that the burden of proof falls on the person seeking the annulment. You must demonstrate that one of the legal grounds existed at the time of the marriage ceremony. Courts examine the evidence carefully, and simply claiming that you made a mistake or that the marriage was brief does not meet the legal standard. Many people assume that a short marriage automatically qualifies for annulment, but Minnesota law does not recognize duration alone as grounds for annulment.
Additionally, the timing of when you file matters. If you discovered fraud or misrepresentation but continued to live with your spouse afterward, the court may determine that you accepted the marriage despite knowing about the issue. This may prevent you from obtaining an annulment later. These details make it critical to understand not just whether grounds exist, but whether your actions after discovering those grounds affect your eligibility.
We recommend consulting with us before you pursue an annulment. During our discussion, we can help you determine whether you meet the legal grounds and explain how the process differs from divorce. That way, you do not waste time on an option that will not work for your situation.
Set Up A Free Consultation To Discuss Whether An Annulment Is Possible For You
For answers to your annulment concerns, contact our Lakeville attorney, Todd Dwire, at 952-232-0179 or send us an email. Our team is fully prepared to lay out your options and guide you down the right path.