A Utah Annulment is a very specific legal remedy that is not available to everyone. Most people that want to end their marriage will not qualify for a Utah annulment, and will simply have to go through a divorce. Before a court will grant an annulment in Utah, the parties must qualify, and most don’t. The Utah statute or code limits annulment to the following:
- The marriage is incestuous, ie., a marriage between two people that are closely related;
- At the time of the marriage, one of the parties was still legally married to someone else;
- One of the parties was under the age of 18 at the time of the marriage and there was no parental consent;
- One or both of the parties was under the age of 16; or
- The marriage is between people of the same sex, although the federal courts have deemed this restriction unconstitutional and it’s likely to be removed from the Utah code/statutes. Consult a Pearson Law Firm experienced Utah divorce attorney/family law attorney for questions on this issue, 801-888-0991
However, Utah courts will also grant an annulment on a common law basis. Common law is the part of English law that is derived from custom and judicial precedent rather than statutes. Under Common Law, court’s can grant a Utah annulment for the following:
- Fraud: one party lied or hid something that directly affects the marriage. For example, a party lied about who he/she is, party is a registered sex offender, etc.;
- Misrepresentation: one party lies about certain facts harmful to the other. For example, a party says he/she is a wealthy doctor and he/she is not, a party says he/she loves kids and will allow the other’s children to live with them, then says no, a party is pregnant with someone else’s child at the time of the marriage and does not disclose it, etc.;
- Impotence: one party is unable to have sexual intercourse;
- Refusal to consummate the marriage: one party refuses to have sexual intercourse with the other; or
- Insanity: one of the parties is certifiably insane at the time of the marriage.
Contrary to popular belief, the length of a marriage has no bearing on whether you are eligible for an annulment in Utah. So even if you’ve been married a day, unless one of the above criteria applies, you will be compelled to file for a Utah divorce.
If you do not meet one of the above criteria then you are not eligible for a Utah annulment. If you believe you meet one of the criteria, then call today and set up a free consultation with an experienced Utah Divorce Attorney/Annulment Attorney at Pearson Law Firm, 801-888-0991. Your attorney will discuss the criteria with you and help you decide how to proceed.