Legal Question in Family Law in Minnesota

Re: allument

You can only get an annulment in two circumstances - when a marriage is void or voidable.

A void marriage is prohibited by Minnesota law. Circumstances include: marriage between persons of the same sex, no marriage license, marriage not done in front of two witnesses, marriage not done by someone who is authorized to conduct the marriage, bigamy, interfamily marriage.

Then there are voidable marriages which include:

the lack of intent to enter into the civil contract of marriage at the time of the marriage, either due to mental illness, intoxication, duress or fraud.

The timelines for annulment as follows:

If a party suffers from a mental incapacity, the marriage may be annulled no later than 90 days after the petitioning party obtained knowledge that the person was mentally incapacitated.

If one of the parties lacks the physical capacity to have sexual intercourse, and the disability is not known to the other party, the marriage may be annulled by either party no later than one year after the petitioning person obtained knowledge of the physical incapacity.

If one party is under the legal age of consent, an action to annul the marriage may be brought by the under aged party or the the party's parent or guardian so long as the action is brought before the time the under aged party reaches the age of consent.

If none of these apply to you then you wouldn't be able to get an annulment.

If you or your child are being abused then I would suggest contacting authorities immediately.

If none of the annulment circumstances apply then you can file for divorce. You can either enter into a stipulated divorce if your husband agrees to the divorce and the terms or you will have a contested divorce.

If you have any further questions please contact our office.