Overview
Like a divorce (marriage dissolution), an annulment is a court process that ends a marriage. But, an annulment treats the marriage as though it never happened.
Minn. Stat. §§ 518.02 - 518.05 are the laws that control annulments and they say that a marriage may be annulled if:
A) One party was not able to give their voluntary consent to the marriage at the time of the marriage ceremony because:
B) One party is not able to “consummate” the marriage with sexual intercourse and the other party did not know this at the time of the marriage ceremony.
OR
C) One of the parties was under the legal age for marriage. The legal age for marriage in Minnesota is 18 years old (see Minn. Stat. § 517.02).
NOTE: Whether or not the husband and wife voluntarily lived together after the ceremony, and whether one party kept living with the other party after learning about the incapacity may affect the annulment decision.
The Courts do not publish forms for annulment. If you believe you qualify for an annulment, you should talk to a lawyer to get legal advice immediately, as there are time limits for filing for annulment. (See Minn. Stat. § 518.05.)
Minn. Stat. §§ 518.02 - 518.05 are the laws that control annulments and they say that a marriage may be annulled if:
A) One party was not able to give their voluntary consent to the marriage at the time of the marriage ceremony because:
- One party has a mental illness, insanity, or mental incapacity and the other party did not know about the mental illness, insanity, or mental incapacity at the time of the marriage ceremony; OR
- One party was under the influence of alcohol, drugs, or another “incapacitating” substance at the time of the marriage ceremony; OR
- Consent was obtained by force or fraud.
B) One party is not able to “consummate” the marriage with sexual intercourse and the other party did not know this at the time of the marriage ceremony.
OR
C) One of the parties was under the legal age for marriage. The legal age for marriage in Minnesota is 18 years old (see Minn. Stat. § 517.02).
NOTE: Whether or not the husband and wife voluntarily lived together after the ceremony, and whether one party kept living with the other party after learning about the incapacity may affect the annulment decision.
The Courts do not publish forms for annulment. If you believe you qualify for an annulment, you should talk to a lawyer to get legal advice immediately, as there are time limits for filing for annulment. (See Minn. Stat. § 518.05.)