Minnesota Info

Minnesota Divorce Start Your Divorce Find Professionals Minnesota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum Minnesota Products Divorce by County

Minnesota Articles

Agreements Attorney Relationship Custody & Visitation Child Support Divorce/General Domestic Abuse Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Minnesota Divorce Support Minnesota Divorce Online

Annulments in Minnesota

This article discusses civil annulments of marriage in Minnesota. Religious annulments, such as those granted by the Catholic Church, are beyond the scope of this article.

Unlike a divorce, which terminates a marriage as of the date of entry of the divorce decree, an annulment is a judicial determination that the marriage never validly existed at all. Annulments in civil law are a rarity, because the legal grounds for granting them are quite narrow.

Before discussing annulments, it is important to distinguish between "voidable" marriages, which remain valid until an annulment decree is issued, and "void" marriages, which are never legally valid in the first place, and do not require an annulment decree to be deemed legally void.

Void marriages are:

  • Marriages entered into before the prior marriage of a party is dissolved.
  • Marriages between persons too closely related by blood or adoption.
  • Marriages between persons of the same sex.

Voidable marriages, for which a decree of annulment must be obtained, are in cases where:

  • A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;
  • A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity;
  • A party was under the age for marriage established by section 517.02 (generally age 18, or age 16 with parental consent).

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


Was this helpful? Like our site & let us know.

Related Articles


Start Minnesota Divorce Start Your Minnesota Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Minnesota Divorce Find Minnesota Divorce Professionals in Your Area:
Join the Network
Minnesota Divorce Products, Services and Solutions Minnesota Divorce Products, Services and Solutions
Minnesota Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Minnesota Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Minnesota Divorce

 

Settle Your Divorce Negotiate Your Minnesota Divorce

 

Support Forum Minnesota Support Forum


FEATURED TOOL - Name Change Notification Kit (easily complete your name change without the headaches)


Limited Offer Your Right to Child Custody, Visitation & Support
Cover Price: $24.95
Your Price: $17.95
You Save: $7.00

"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law