Marriages in Utah may come to an end through either divorce or annulment. The distinction between the two is vital, and this article aims to shed light on their differences, while also providing insights into obtaining an annulment in Utah and the implications it carries.
What is an annulment?
An annulment nullifies a marriage, deeming it to have never legally existed, whereas a divorce dissolves a valid marriage. If your marriage was deemed invalid under Utah law from its inception, you might be eligible for annulment.
How do you get an annulment in Utah?
To obtain an annulment in Utah, you must establish legal grounds (reasons). The state recognizes various grounds for annulment, including fraud, incest, underage marriage, bigamy, misrepresentation, and impotence. Any other ground accepted under the common law is also grounds for annulment in Utah. However, researching and establishing those grounds may be more difficult.
Proving fraud as grounds for annulment can be challenging in Utah. The deception must be severe enough that the innocent spouse wouldn’t have entered the marriage had they known about it. Additionally, the fraud must be directly related to the marriage itself.
Regarding underage marriages, Utah sets the legal age at 18, but marriage can occur at 16 with parental consent. An annulment based on age likely be granted if the underage spouse had proper consent at the time of marriage. However, a parent or guardian can file for annulment on behalf of the underage spouse.
Misrepresentation, as grounds for annulment, must pertain to present facts. For example, if one spouse concealed a criminal record and falsely claimed to be paying child support while squandering funds on fines and restitution, an annulment may be granted.
To initiate an annulment process in Utah, you must file a “Petition for Annulment” in the district court of the county where either you or your spouse has resided for at least 90 days. You will be the “petitioner,” and your spouse the “respondent.” If you need assistance, inquire at your district court clerk’s office, as they may offer sample forms for filing.
The petition should provide the full names of both spouses and any minor children, along with the county of residence. Clearly state the legal grounds for the annulment and all matters you wish the court to address, such as child custody, visitation, child support, alimony, and property division.
Once the complaint has been filed and served, if the other party agrees to the annulment immediately, the court will schedule a hearing. It is essential to present evidence and witnesses supporting your grounds for annulment during the hearing. If the judge finds your case compelling, he or she will sign an order annulling your marriage.
Following an annulment, your marriage will be considered null and void, as if it never existed legally. However, like divorce proceedings, the court can address matters such as custody, visitation, child support, alimony, and property division.
It’s important to note that children from annulled marriages are still regarded as legitimate under Utah law. They possess the same rights as children from valid marriages, including inheritance rights and financial support from both parents. If you have further questions after reading this article, consider seeking advice from a local family law attorney. Additionally, contacting the district court clerk’s office in your county can provide valuable assistance, including access to forms and relevant resources.
Utah attorney Clinton R. Brimhall has helped clients wade through and evade legal difficulties since 2014. He works for and with his clients to achieve the best possible outcome. He cheerfully discusses available options and responds to questions or concerns. With a pragmatic eye, he is as likely to advise bringing the matter before the court as he is to advise an alternate solution or even the cutting of losses. He recognizes that some outcomes are worth fighting for and that other outcomes are worth less than peace of mind and avoiding the emotional turmoil that can come with litigation. Humor and an understanding ear are available when appropriate.
Clinton has experience helping clients plan, file, build, and litigate their cases. In situations where the trial court ruled against the client, he has helped client with appeal options, even when Christensen Law was not brought in until after trial. Where the other side claimed the trial court erred, Clinton has successfully defended against the appeal. Clinton has also helped clients settle their cases and avoid trial entirely. He routinely advises clients that such settlements can be better than a trial ruling. On the other hand, he is not afraid to point out where a proposed settlement is bad or could lead to future problems.
Clinton has experience with and can assist with a variety of legal matters. In the realm of family law, he helps with divorces, annulments, child custody, child support, custody modification, child support modification, stepparent adoption, protective orders, and other similar or related matters. For juvenile matters, Clinton can assist with child protective orders, custody, child support, parental rights, and DCFS appeals, among others. In the more general civil arena, Clinton has experience with stalking injunctions, contract disputes, property disputes, wrongful liens, nuisance, and other civil matters. In probate, Clinton can assist with guardianships, conservatorships, basic estate planning, and other similar concerns.
As for qualifications and background, Clinton graduated magna cum laude from the J. Reuben Clark Law School at BYU. While at BYU, Clinton served as an executive editor on the law review and took classes geared toward teaching attorneys how to help domestic violence victims. In his spare time, Clinton enjoys cooking experiments and writing.
Clinton is licensed to practice law in all state and federal Utah courts. Additionally, Clinton is admitted to the bars of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States.
