Planning on Getting an Annulment in Utah?
The annulment process may look simple, but without the right lawyer to guide you, your case may be dismissed.
At Godfrey Law, we make sure that you have a good case before we continue with filing your annulment case.
We have 30 years of experience in handling both divorce and annulment cases in Ogden, Utah.
Difference between Divorce and Annulment
In Utah, annulment cases are rare. In America, it is common to end a marriage through a divorce.
However, there are still cases where a party may choose to go for an annulment instead of a divorce.
Annulments may be a better option for you, and it may save you time and money if you are qualified.
The difference with a divorce is that in an annulment, your marriage is declared as not valid.
In the eyes of the law, it was like you were not officially married in the first place.
An annulment is a declaration from the court saying that marriage never happened.
There is usually no waiting period, and the process can be shorter compared to a divorce. This benefits both parties so that you can move on much faster.
In most cases, there is also no division of property, and once granted, you can be released from the terms of your prenuptial agreement.
It is upon the discretion of the court, in some cases, if dividing debts and property is necessary.
The court will also make orders regarding child support and custody, if applicable.
What are the Grounds of Annulment in Utah?
If you want to know if you qualify for an annulment in Utah, check out the following reasons:
- One spouse was married to another, or the courts haven’t approved their divorce
- One person was below the legal age for marriage, and if aged 16 to 18, no parental consent was given
- The couple was related ex. cousins or closer
- One person lied or hid something that could affect the marriage relationship, that is, if fraud or misrepresentation was done as recognized by the court
- One spouse refused or is unable to have sexual intercourse
The length of the marriage is not considered as a ground for annulment in Utah. Cases of fraud are also rare and hard to prove.
As a whole, annulments are hard to obtain, which is why many people still choose divorce proceedings over annulment.
Process for Annulment in Utah
The first step is to file a “Complaint for Annulment” in the district court of your county.
You or your spouse should have lived in this county for at least 90 days.
After filing the complaint, the court will schedule a hearing where you present your case to prove that you meet the grounds for annulment.
If the judge believes that you have proven your case, you will be granted an annulment.
A quick and simple process compared to divorce.
If you do not qualify for an annulment, we can help you out with filing for a divorce.
Give us a call or send us a message now. Let’s talk about your legal issues.