Rochester Minnesota Marriage Annulment Lawyer

Annulment Attorney Minnesota

An annulment seeks to end a marriage. But, unlike a divorce, it is as if the marriage never existed, limiting the rights and responsibilities of each party.

Marriage is a civil contract between a man and a woman.  Like any other contract, it is only legally binding if the necessary elements of the contract were present when the parties married.  If the elements of the contract were not present, the marriage may be annulled. 

If you need a Rochester Minnesota annulment lawyer, we can help.

Obtaining an Annulment

There is a common misconception that an annulment is much simpler, less complicated, and less expensive than a divorce. Often, people believe that they may annul a marriage simply because it was of a very short duration. That is not the case. In fact, annulments are rarely granted and only under very specific circumstances.

To annul a marriage, a person must demonstrate that the marriage is void because it is prohibited by the laws of the State of Minnesota or is voidable because the intent to enter into a civil contract was not present at the time that the parties married. 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.

Bases for Annulment

In Minnesota, a marriage is considered void and annulled as a matter of law if:

• It is between persons of the same sex;
• Is performed without a license and without witnesses
• It involves bigamy, interfamily marriage or between close relatives

In Minnesota, a marriage is considered voidable can be annulled when requested by one of the parties if:

• A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity; or because of the influence of alcohol, or drugs; or because consent of either was obtained by force or fraud;
• A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party did not know of the incapacity. 
• A party was under the age for marriage established by Minnesota law; however
• A marriage by an underage party may become legally binding if the cohabitation of the parties as husband and wife continues voluntarily after the person reached the age of consent.

Timelines to File for Annulment

Minnesota Statutes sets out who may annul and the timelines for annulment as follows:

• If a party suffers from a mental incapacity, the marriage may be annulled:
• by either party; or
• by the legal representative of the party who lacked capacity to consent, so long as the action is brought no later than 90 days after the party became aware of the incapacity. 
• If one of the parties lacks the physical capacity to have sexual intercourse, and the disability is not known to the other party, the marriage may be annulled by either party no later than one year after the petitioning person obtained knowledge of the physical incapacity; 
• If one party is under the legal age of consent, an action to annul the marriage may be brought by the under aged party or the party's parent or guardian so long as the action is brought before the time the under aged party reaches the age of consent.

Request a Free Consultation

If you have additional questions about annulment in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.