Annulment Attorney

Professional Annulment Attorney

Extended Family Group In ParkAnnulments tend to be confusing to some and there are misconceptions about them. For instance, some think that an annulment is just an easy and convenient way to get a divorce, as well as a low cost solution. This is not necessarily the case.

If you are considering an annulment, speaking to your Southern Minnesota annulment attorney to help you decide the best route for you. You may find that annulment is the best method for you or you may find that another method of dissolving the marriage is the best.

Annulment Vs. Divorce

A divorce is different than an annulment in that the divorce is the legalized end to a marriage deemed valid. An annulment is the legal recognition that the marriage was deficient from the beginning, causing the marriage to not be recognized as valid from the beginning.

In Minnesota, there are few circumstances in which a couple may be entitled to an annulment. There are two situations in which an annulment may be granted. The first is when a marriage is void or the marriage is voidable.

Void Marriages Vs. Voidable

The void marriage refers to a marriage that was never valid and can never be valid due to the law. The following are void marriages:

  • Marriages between close blood relatives
  • Same-sex marriages
  • Marriages where one spouse was still married to someone else

There are actually many cases when one spouse finds out that their husband or wife was never legally divorced. In this case, the marriage is automatically invalid. The solution is for the married spouse to legally divorce their previous spouse and then remarry their second spouse.

The voidable marriage is one that is allowed to continue, despite the deficiencies that may be present, unless one of the spouses challenges the marriage in a timely manner because of the deficiency. Examples of voidable marriages include:

  • One of the parties was under the age of 18
  • At least one of the parties was unable to consummate the marriage and the other party was not aware of this at the time of the marriage
  • At least one of the parties lacked the capacity to make the decision due to being under the influence of alcohol or drugs, mental incapacity, or one party used forced to initiate the marriage or fraud.

Whatever the reason for the void or voidable marriage, your Mankato annulment lawyer will help you determine the type of marriage and the best course of action to take.

Contact A Southern Minnesota Annulment Lawyer

Annulment is a fast way to end a marriage and is simpler than a divorce. Annulments typically occur when a couple has not been married for long or there are no assets to divide or any other issues that need addressed. All the individuals want is the marriage terminated in a way that they can pretend it never existed. If you have a marriage that you want to end and annulment is the best way to do so, contact the St. James office at 507-375-3374, the Mankato office at 507-387-2100, or the Westbrook office at 507-274-6501 for a free consultation.