If a married couple realizes their marriage was invalid, they may be able to get an annulment instead of a divorce. In Utah, an annulment is a legal declaration that the marriage was never valid and can avoid the time and money associated with traditional divorce.
At Brown Family Law, our annulment lawyers in Sandy have 150 years of experience in family law, including helping couples pursue annulment. We can guide you through the entire process and respond to issues regarding annulment eligibility.
Contact our offices online or call today to discuss your case with a family lawyer in Sandy.
What Is Annulment and How Does it Work in Utah?
An annulment is a court decree establishing that a particular marriage is void and not binding. Unlike a divorce, which terminates or dissolves an existing marriage contract, an annulment states that the marriage wasn’t legally binding and never actually existed in the first place.
Because an annulment treats the marriage as if it never existed, it has different financial and legal ramifications than a divorce. Annulments are relatively rare compared to divorces, but they can be an option for certain couples who have fundamental errors or problems with the legality of their marriage.
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Annulment vs. Divorce: The Main Differences
Both annulment and divorce result in the ending of a marriage, but the legal outcomes and processes differ between the two.
Legal Status of Marriage
With a divorce, a legal marriage is terminated or dissolved. With an annulment, it’s as if the marriage never happened in the first place. This means that, while marriage records may still exist, the law treats the marriage as void and never contractually binding.
Property Division
During divorce, a court divides marital property according to an equitable distribution standard. Because an annulment treats the marriage as never having existed in the first place, there is technically no marital property to divide.
As such, courts can vary significantly on how property is divided after an annulment. The courts might treat all property as individually owned, or they may divide property to compensate one spouse if they were the victim of fraud.
Simplified Proceedings
Because the existence of the marriage is wiped away, an annulment can result in significantly simplified proceedings compared to a traditional divorce. For example, annulments are usually not subject to the 30-day waiting period generally required for divorces. If the annulment is uncontested, it can be resolved faster than a typical divorce.
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Am I Eligible to Get an Annulment?
Unlike no-fault divorce, there must be a specific reason for Utah courts to grant an annulment. You may be eligible for an annulment in the case of:
- Bigamy. Utah only allows someone to be married to one person at a time. If one spouse was already married, the other can request an annulment.
- Incest. Marriage between immediate family and those who share close blood relations is illegal in Utah, with some extremely limited exceptions. Incest can be a valid reason to pursue an annulment.
- Fraud or misrepresentation. If one party lied to the other about their identity, finances, or other important issues, the other may be able to seek an annulment.
- No consent. An annulment is an option if one party was forced or coerced into the marriage without their valid consent.
- Underage marriage. Individuals who are underage and don’t have parental consent can’t get married in Utah, so underage marriages may qualify for an annulment.
- Mental incapacity. If one party was mentally incapacitated when the marriage was initiated, the state may grant an annulment under common-law grounds.
- Other common-law grounds: You may qualify for an annulment if the circumstances satisfy another condition recognized through Utah court decisions.
An annulment lawyer in Sandy from our firm can assess your case to see if you are eligible to get an annulment.
What Happens to Children and Property After an Annulment?
An annulment declares that a marriage was never legally valid, but it does not erase the practical realities that developed during the relationship. If you and your spouse have children together, questions involving child custody, parent-time, and child support will still need to be addressed regardless of how the marriage itself is classified.
Utah law allows courts to make orders concerning children and financial obligations in annulment cases, so those issues do not simply disappear because the marriage is treated as void.
Similarly, property and debts accumulated during the relationship may still require attention. An annulment lawyer in Sandy can help you understand how these practical matters will be handled alongside the annulment itself.
How Brown Family Law Can Help You
Our team can help you through the entire annulment process from start to finish. More specifically, we can:
- Evaluate your eligibility for annulment
- Gather evidence and testimony regarding annulment criteria
- File documents and forms in family court
- Represent you during hearings and proceedings
Contact a Sandy Annulment Lawyer Today
Annulments in Utah have very specific legal requirements, but one might be the right choice for your situation. Brown Family Law has 150 years of combined legal experience and has served thousands of clients and families. Our exclusive focus on family law means we know how to find the right solutions to your problems.
Send us a message online or call today to schedule a case consultation with an annulment lawyer in Sandy.
