Can I Get an Annulment?

Can I Get an Annulment?

We receive quite a few calls asking about annulments.

Annulments are a way to say a marriage never really happened.

Of course, that’s a fiction since people were really married and an annulment really gets people unmarried, but we indulge lots of fictions in law.

In any case, annulments are actually hard to get.

Essentially, you can only get an annulment in Utah if (1) your marriage wasn’t legally recognized in the first place (e.g., incestuous marriage, underage marriage, bigamist marriage); or (2) your spouse lied about fundamentally important information before the marriage, and you would never have married if you had known.

An example of (2) would be something like this: your husband did not tell you he never intended to have sex with you once you were married. Another example would be this: your wife lied to you about being a believing Mormon, and you would have never married her if you had known.

In other words, your spouse has to commit fraud and lie about a fact so fundamental to the marriage relationship that no reasonable person would have gotten married if he or she had been in your shoes.

Add on top of this that most judges won’t grant an annulment unless both spouses agree to it, and you have a recipe for not very many annulments.

That said, annulments do happen, and, in our experience, they happen most often in the following circumstances:

  1. Non-consummation (i.e., no sex after marriage).
  2. Lying about religious devotion.
  3. Never living together as husband and wife (i.e., one spouse leaves immediately after consummating the marriage and never comes back).

Keep in mind, if you can’t get an annulment, you can always get a divorce. In fact, most people decide to divorce instead of taking their chances on an annulment because judges don’t grant them very often.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Daniel is guy who truly wants to help. Working with him never feels transactional. He truly does provide you with tailored solutions for divorce which is rarely a "cut and paste" situation. Thanks again for your help Daniel!
David and Dani were very helpful and made my case as stress free as possible.
Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.
I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
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Loved working with Daniel and the whole team. Great service.
Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
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