Janet L. Goehle, Attorney at Law
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Can I get an annulment instead of a divorce?

Now that the wedding is over, you feel that marrying your spouse was a mistake and you find yourself asking - can I get an annulment instead of a divorce? While both are legal ways to end a marriage in Minnesota, the difference is that an annulment can legally erase your marriage so that it never occurred.

The annulment process is often so time-consuming and complicated that it has become less common for separating spouses to file for it, states website YourTango. Instead, many couples choose to dissolve their marriages by filing for no-fault divorces because they do not have to prove any wrongdoing. To successfully file for an annulment, your marriage must meet be substantiated by one of the following reasons:

  • You or your soon-to-be ex-spouse were married while one of you did not have sufficient mental capacity.
  • You or your ex-partner materially misrepresented his or herself or committed fraud to enter into the marriage.
  • You or your spouse must have never consummated or engaged in marital relations.

 Other reasons that can be used to support a claim for annulment include alcohol or drug influence and if either party was forced to enter into the marriage against their will. Each state handles the annulment process differently. Therefore, there may be other conditions that must be met before the courts will approve an annulment.

The guidelines regarding annulments can be very complex and the courts do not give them out lightly. However, it may be a good option for you to consider depending on your circumstances. This information is only intended as educational material and should not be used as legal advice.

 

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