Annulment Attorney in Shakopee, Minnesota Including Scott County, Carver County and Dakota County
An annulment ends a marriage as if the marriage never existed. An annulment is often sought when a marriage was entered into improperly. If you are facing or seeking an annulment, Mr. Peterson is an experienced Minnesota annulment lawyer that can help.
Bases for Annulment in Minnesota
In Minnesota, a marriage may be annulled under the following circumstances:
- One of the parties involved was married to someone else at the time of the marriage;
- One of the parties was underage at the time of marriage. In Minnesota, the legal age for marriage is 18. However, persons aged between 16 and 17 can get married with the consent of their parents, a guardian or the court;
- One of the parties suffers from mental illness or mental incapacitation, and the other party was not aware of this at the time of the marriage ceremony;
- One of the parties was incapacitated at the time of the marriage ceremony, where incapacitation can include being under the influence of alcohol, drugs or any other intoxicating substance;
- One of the parties was coerced into the marriage;
- Consent to the marriage was obtained by fraud, or under duress; or
- One of the parties is incapable of having sexual relations, and the other party was not aware of this at the time of the marriage ceremony.
If one of these bases cannot be established, the marriage cannot be annulled. Divorce, however, is still an option.
Frequency and Burden of Proof
There is a common misconception that an annulment procedure is much simpler, less complicated and less expensive than a divorce. In fact, annulment procedures can be more complicated than a divorce proceeding. In order to successfully annul a marriage, the burden of proof is on the person requesting the annulment to show that the marriage was invalid.
Annulment of marriage proceedings are not unheard of in Minnesota, but they are comparatively rare. When a marriage is broken, we often advise dissolving it through a divorce, rather than seeking a finding that the marriage is void. Although, in some circumstances, it makes sense to seek an annulment.