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Annulments in Minnesota
Divorce ends an existing, valid marriage; annulment declares a marriage was never a legal marriage at all. In the eyes of the law, an annulled marriage never existed.
Minnesota Statutes 518.02 to 518.05 state that grounds for an annulment include:
For an annulment to be awarded by the court, there can be no prior knowledge of these grounds. So, for example, if a woman married someone who was impotent without knowing it, she can pursue an annulment.
Other grounds for the annulment of marriage include:
Statutes of limitations, which are legal deadlines, apply to annulment actions. Courts dismiss petitions for annulment filed too late. A missed deadline means the petitioner must get a divorce. The deadlines include:
In an annulment, Minnesota applies divorce laws to the property rights of the spouses, as well as maintenance and support, and custody of children. Minnesota law maintains "the parent and child relationship may exist regardless of the marital status of the parents." Minnesota's presumptions of paternity apply when a father and mother attempt to marry but the marriage is later declared invalid, so the judge makes decisions about child support, custody, and parenting time.
Minnesota’s laws require an equitable division of the couple’s property and debts in an annulment case.
Annulment petitioners file actions in Minnesota's district courts, family division, in the judicial district where either spouse lives. The procedural rules of divorce actions apply to annulment cases.
In Minnesota, there are no official court forms to file for an annulment. The petitioner’s complaint should, at a minimum, explain the law and facts that support the request for an annulment and identify the couple's children, assets, and debts. That’s not all the information that should be included, but it’s a listing of some of the essentials. After the petitioner files and serves the petition for annulment, the respondent can file an answer, which admits or denies any or all allegations in the complaint.
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