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Utah Divorce Guide

Annulment

Q. Explain the difference between an annulment Annul a marriageand a divorce.
A. A divorce end a legal marriage and resolves child support, child custody, spousal support and the division of marital assets. An annulment is the court’s decree that the marriage was never valid, and should not have taken place.
Q. How does one know if they can get an annulment?
A. There are grounds for annulment just like there are grounds for divorce. To receive an annulment, a marriage must fit the description of a void marriage or a voidable marriage. Grounds include entering a marriage by Fraud and Duress, Mental Illness, Bigamy, Impotency, and Consanguinity (marrying a relative too closely related.)
Q. What is the difference between void and voidable marriages. They both can be annulled?
A. A void marriage is a type of marriage which is on its face unlawful under the laws of the jurisdiction where it is or was entered

  • one or both of the parties are below the legal age to marry and did not have parental consent
  • the parties degrees of consanguinity are too close, for example, a brother and sister or a parent and a child
  • the form of the marriage is forbidden by statute (such as same-sex marriage, and bigamy (multiple marriages).
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[Utah Code - Sections: 30-1-1 to 3; 17.1]

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