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Annulment

Posted by Gerald Williams 
· November 17, 2019 
· No Comments

Many people seek to annul their marriage because they realize shortly after getting married that they feel the marriage is a mistake. However, that is not the basis for nullifying the marriage. The grounds for annulment, in Minn. Stat. Section 518.02, are (a) mental incapacity or infirmity on the part of one spouse unknown to the other spouse; (b) incapacity at the time or solemnization due to alcohol or drugs; (c) consent by force or fraud coupled with no subsequent voluntary cohabitation; (d) lack of physical capacity to consummate the marriage unknown to the other spouse; and (e) being underage. (Minn. Stat. Section 517.02 sets forth the minimum age for marriage to be 18, or 16 with the consent of parents or guardians.)

The fact is, a marriage dissolution in the case of a very short marriage is no more complicated than an annulment. So in most (if not all) instances in which someone wishes to pursue an annulment, but does not qualify under the statute, one can pursue a marriage dissolution, and most such divorces happen expeditiously.

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