Marriage Annulment in Minnesota

Divorce Papers » Marriage Annulment in Minnesota

Annulment in Minnesota erases a marriage as if the couple was never married. However, the marriage should be eligible to get an annulment according to the annulment laws in Minnesota.

Types of Marriages Eligible for Annulment in Minnesota:

There are two types of marriages which can be annulled according to the statute of Minnesota. These types are as follows:

1. Void Marriages - The marriages which should never have been are termed as void marriages. These marriages are invalid right from the beginning and thus need to be declared null and void. The marriages between same-sex, bigamous marriages, incestuous marriages, underage marriages come under the heading of void marriages.

2. Voidable Marriages - The marriages which were valid when they were conducted but need to be annulled after discovering certain conditions which render the marriage non-functional are termed as voidable marriages. These conditions are intoxication, inability to consummate the marriage, force or fraud.

Grounds for Annulment in Minnesota:

The grounds for annulment in Minnesota are divided into two categories. These categories are the types of marriages mentioned above. Let us have a look at these grounds in detail:

The grounds under void marriages are as follows:

• Same-sex Marriage - The marriages between gay and lesbian couples are prohibited by the state law of Minnesota. Such marriages are basically illegal and can be annulled on the same basis. However, it a legal offense and may carry a sentence. Same-sex marriages are invalid and nothing can be done to make them valid.

  The cited grounds have to be proved in order to obtain annulment in Minnesota. But in this case, presenting both the partners and the certificate of marriage is enough of a proof to get a declaration of nullity. The annulment is granted in the form of a court order.

• Bigamous Marriage - If a person married someone while being married to another partner and the previous marriage being undissolved, such a marriage is considered as bigamy and has to be annulled. It is prohibited by the law and thus is a legal offense. Such a marriage is basically invalid and cannot be validated.

  The proofs of the previous marriage such as the certificate, photographs, testimony of the spouse can be presented in order to obtain an annulment on this ground. Such a marriage cannot be continued even if the substantial proof is not presented. In such a case, the judge orders the parties to go for a divorce suit instead.

• Incestuous Marriage - A marriage between ancestors and descendants, or people descending from the same blood line are prohibited and nothing can be done to validate them. Such marriages are considered as incestuous as there is consanguinity present in the relationship. Such marriages have to be annulled.

  Incest can be a firm ground to obtain an annulment in the state of Minnesota once the substantial proof is submitted to the court. The documentation proving and supporting the blood relationship between the couple has to be provided and then the annulment is granted. However, these claims need to be proved or the couple has to file for divorce.

• Underage Marriage - If either of the spouse is under the legal age of marriage during the wedding, such a marriage is void right from its inception and cannot be validated, period! The only option is to nullify such a marriage and obtaining a court decree stating the same. The legal age for marriage in the state of Minnesota is 18 and the couples wishing to get married before coming of age need parental consent to get married.

  The age proof of the underage spouse can be submitted to obtain the annulment on this ground. Besides, the testimony of a high school teacher or a medical examination can be done in order to determine the age in case of a conflict.

The grounds under voidable marriages are as follows:

• Mental Incapacity - If it is found that either of the spouse is mental incapable of normal functioning or has bouts of insanity which render him / her incapable to function normally, the aggrieved spouse can file for annulment provided he / she were not aware of this certain condition while getting married.

  The medical certificate or the testimony of the therapist or the counselor treating the mentally unstable spouse can be proof enough to get an annulment. Mental incapacitation can be a firm ground for obtaining annulment in the state of Minnesota.

• Inability to Consummate the Marriage - Physical inability to consummate the marriage can be a firm ground for annulment in the state of Minnesota. However, the spouse should not only be sterile but also unable to perform the sexual act thus leaving the aggrieved spouse dissatisfied sexually. Impotency in a spouse results in inability to produce children thus rendering the base of marriage null.

  The medical reports and an examination can be conducted to prove these allegations and thus annulment can be granted on these grounds.

• Force - Nobody should be forced to make an important decision such as marriage based on coercion, threats or duress. If a person is made to enter a wedlock by use of these means, such a marriage can be annulled if the substantial proof is submitted to the court.

• Misrepresentation - Fraud or misrepresentation such as hiding the sexual preference, sexually transmitted diseases, sex-change operation, sterility, fetishism, sadomasochism is considered as misrepresentation or concealment. This type of concealment hinders normal functioning of a marriage and thus the marriage can be annulled on these grounds.

The annulment in Minnesota is costly, time-consuming and complicated than a divorce process and an extremely rare occurrence owing to the difficulty in proving the cited grounds.

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