Grounds for Annulment in Utah
An Annulment in Utah is a court action that declares a marriage void and dissolves the marriage. This means from a legal standpoint, the marriage is treated as if it never happened. In many cases an annulment is granted because the marriage was illegal. Some couples choose an annulment because it may be more socially acceptable or because their religion prohibits a divorce. Catholics are best known for seeking out annulments since the tenants of their religion prohibit or at least strongly discourage divorce.
A marriage may be annulled under Utah law if the marriage was prohibited or considered void. The following types of marriages are void under Utah Annulment Laws:
- A party is presently married to someone else.
- A party is under 18 years of ages, unless consent by a parent has been given.
- A party is under 16 years of age.
- A party is divorced but the decree has not become final.
- The parties are the same sex.
- Parties who are related to each other in certain degrees.
The following additional types of marriages have been ruled void under Utah common law:
- Fraudulent inducement to marry.
- Avoidance of procreation/failure to consummate
- Premarital unchastity.
- Pregnancy not disclosed.
- Severe duress.
- Breach of ante nuptial agreement.
- Mistake in identity.
- Sexual incapacity.
- Habitual Intoxication.
- Racial, religious, or political differences.
- Legal competency.
In reality, it is becoming unlikely Utah Courts will grant an Annulment in Utah under some of the common law grounds mentioned above since such common law cases are “out-of-date” and new statutes will likely take precedent. An Utah Annulment Attorney at our firm can usually tell you on the phone your chances of qualifying under Utah’s statutes.
Utah Annulment Laws
If you are seeking an annulment of your marriage, or have been served with annulment papers, contact a Utah Divorce Attorney at Salcido Law Firm today to learn the details of how the Utah Annulment Laws may apply to your Annulment in Utah. Our team of family law professionals can effectively represent you in your annulment petition with the court. For a free consultation call (801) 413-1753 or send us an email. Call now, our team is ready to ensure you Get Protected!
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