How Do You Get An Annulment In Utah?

What is an annulment?

In Utah, and in the United States as a whole, the most common way to end a marriage is through a divorce. However, in some very specific circumstances, it is actually possible to get an annulment instead.

What is the difference between an annulment and divorce? Divorce is ending a marriage, while an annulment declares that your marriage was not valid. With an annulment, you were never officially married in the first place, and the marriage never legally existed.

One benefit of an annulment is the waiting period is shorter, meaning people move on with their lives quicker. In most instances, there is also no division of property, and it can release you from the terms of a prenuptial agreement.

The Court may make orders regarding child support and custody, if applicable, and they may even divide property and debts if necessary. Many people prefer to move forward without the perceived stigma of being officially “divorced.”

How do you get an annulment in Utah?

To know if you qualify for an annulment, first make yourself aware of the various grounds for annulment in Utah.

A marriage can be annulled only for one of the following reasons:

• One spouse was married to someone else, or their divorce was not yet final.
• One person was under the legal age for marriage, and (if between the ages of 16–18) the parents did not consent.
• The spouses were related — first cousins or closer.
• One partner lied about or hid something that affects the marriage relationship, or misrepresented the other spouse; that is to say, fraud or misrepresentation, as recognized by the court.
• One spouse refused or was unable to have sexual intercourse.

The length of marriage is not considered grounds for annulment in Utah. Any cases of fraud or misrepresentation may be difficult to prove and are quite rare.

Overall, annulments can be difficult to obtain in Utah, and thus in the annulment vs divorce debate, many people simply opt for the latter.

What is the process for getting an annulment in Utah?

To request an annulment, you will file in the district court of your county. The court will schedule a hearing after the filing. If the judge believes you have proven your case, you will be granted an annulment.

While this process may seem relatively simple, it can still be difficult, and annulments in Utah are rare. It is worth consulting with an attorney first to make sure you have a good case. At Christensen Law, we handle both divorces and annulments.