Attorney Todd Dwire speaking with staff member in conference room

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Understanding The Annulment Process In Minnesota

An annulment is different than a divorce in that it treats the marriage as if it never happened in the first place. This process is very 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 in the Apple Valley, Burnsville, Eagan, Lakeville, Prior Lake, Savage and Shakopee areas.

What Is An Annulment?

An annulment is the process of ending your marriage by saying that it should have never 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:

  • At the time of the marriage ceremony, one party had a mental illness that the other party was unaware of.
  • Consent to the marriage was obtained by fraud or by force.
  • One party was under the influence of incapacitating substances during the marriage ceremony. This can include alcohol and other drugs.
  • The marriage is 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 at the time of the marriage. The age to marry without parental consent in Minnesota is 18.

Legal Consequences Of An Annulment In Minnesota

Minnesota law treats an annulment differently than other states in that it still allows for the division of a marital estate 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.

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.