Annulment vs. Divorce in Utah
Can your marriage be annulled?
Getting divorced once carried a social stigma, especially in religious and conservative circles. Popular attitudes have changed considerably, but there are still segments of the population that do not favor divorce for a multitude of reasons. In those circumstances, annulment can be a viable means of dissolving a marriage. The net effect of an annulment is that marriage is declared void as though it never existed. Attorney Victoria Cramer has experience counseling spouses on pursuing that option.
What is an annulment?
Marriage is essentially a contract. When a couple divorces, one spouse might claim that the other has breached the contract or that the contract no longer serves the spouses’ purposes and so, by mutual agreement, the contract is rescinded. In a divorce, no one is contesting the validity of the original contract or the right of either spouse to have entered into it.
With an annulment, on the other hand, a spouse can claim that either spouse lacked the capacity to form a contract or that the law forbade the two of them to make the contract. Thus, the contract was void from the outset and never legally binding. An annulment declares the marriage void dating back to its formation, as if it never happened.
Qualifications for an annulled marriage in Utah?
Under Utah law, there are several grounds for annulment, including:
- Bigamy or polygamy — One spouse was married to someone else at the time the couple was wed.
- Underage spouse — For marriages prior to May 14, 2019, one spouse was under 18 years old. For marriage after that date, one spouse was 16 or 17 years old and did not obtain consent from a parent or guardian and prior authorization from the juvenile court.
- Incest — The parties are close relatives who are not permitted to marry.
Utah courts also recognize common law reasons for annulment, such as misrepresentation or fraud, impotence and lack of capacity.
How are children dealt with in an annulment vs divorce?
Child custody and support laws operate the same way regardless of whether the marriage ends through annulment or divorce. In both cases, the children have a right to support from both parents, and the parents have a right to frequent, meaningful contact with the children. If the annulment casts doubt over who the paternity of a child, a putative father can establish paternity through the court. A child custody lawyer can explain how the law applies to the facts of your case.
How property and finances are divided with annulment vs. divorce
Just as in a divorce, Utah generally uses equitable distribution to divide marital property in an annulment. However, the court can also consider the grounds for the annulment and punish a spouse for any misconduct that led the other spouse to seek the annulment, such as fraud or misrepresentation.
If the spouses have executed a prenuptial agreement, the court may scrutinize the formation of the contract to assess whether it is valid and enforceable. Again, a court can void a marital contract where there is fraud or misrepresentation.
Timing of an annulment vs. a divorce
There is no time limit for seeking an annulment in Utah. The duration of the process depends greatly on the facts. Certain grounds for annulment are difficult to prove and can require litigation.
Contact a trustworthy family law attorney to discuss annulment in Utah
Attorney Victoria Cramer in Salt Lake City represents Utah clients in annulment proceedings. To schedule a consultation, call 801-299-9999 or contact her office online.
