Annulment protects the parties involved from the effects of a divorce by going back to the marriage ceremony and determining that the marriage was never valid. There are certain things that make you eligible for an annulment.

  • One party was not able to give their voluntary consent to the marriage at the time of the marriage ceremony for any of the following reasons:
  • Mental illness or insanity, making them incapable of giving voluntary consent;
  • Under the influence of alcohol, drugs or other “incapacitating” substances at the time of the ceremony; or
  • Consent was obtained through force or fraud.
  • One party was not able to “consummate” the marriage with sexual intercourse and the other party did not know this at the time of the marriage ceremony.
  • One of the parties was under the legal age for marriage.
  • In Minnesota the legal age to marry is 18, or 16-17 with consent of the parents, legal guardian, or the court.
  • If you lived together voluntarily after the ceremony and kept living together after discovering any of the incapacities, this may have an effect on the eligibility for an annulment.

The Court does not have forms for annulment. You should contact an attorney immediately for legal advice as to whether you qualify because there are time limits for filing for annulment.

Contact an attorney in this area