When a couple gets an annulment, they end their marriage. However, there is something quite different in an annulment when compared to other types of dissolution’s and that is the fact that an annulment makes it seem as if the marriage never existed. This also means that the rights of each party are limited.

An annulment is typically sought when a marriage was improperly entered. If you need to have your marriage annulled or you need to challenge an annulment, a Duluth divorce attorney can help. It is important to ensure that the process is carried out properly and smoothly so that both parties can move beyond the matter.

Guidance Through The Annulment Procedure

Some individuals believe that an annulment is the simplest type of dissolution, making it cheaper and a smoother process. The fact is that annulment can actually be complicated. In order for a marriage to be successfully annulled, the burden of proof is on the person who is requesting the annulment. They have to prove that the marriage was not valid.

Although annulment proceedings are rare in Minnesota, they do happen. When a marriage is a broken marriage, it is advised to dissolve it through divorce instead of annulment. Not every marriage is void. For a marriage to be void, certain circumstances have to exist. Your attorney will guide you through the process so it moves as smoothly as possible. You will receive answers to your questions and, once over, it is as if you were never married.

Helping You Establish Burden Of Proof

If you are seeking an annulment, you will need to show proof that the marriage is void. This means that you will need to prove that the following circumstances exist:

  • One of the parties was already married to someone else at the time of the marriage.
  • One of the parties was under the age of 18 at the time of the marriage and did not receive parent or guardian consent.
  • One of the parties suffers from mental incapacitation or mental illness and the other party was not aware of that fact at the time of the ceremony.
  • One of the parties was incapacitated in the way of being under the influence of drugs, alcohol, or any other substance impairing their judgment.
  • One of the parties was forced into the marriage.
  • Consent to the marriage was acquired under duress or fraud.
  • One of the parties was not able to consummate the marriage and the other party was not aware of this fact at the time of the ceremony.

If any of this exists, then you and your Duluth divorce lawyer can present the proof so that the marriage can be successfully annulled.

Contact A Duluth Divorce Attorney

Emotions run high and there are a lot of components to divorce. If you are on either side of a divorce, you deserve to have an attorney by your side who knows the law and how to help you ensure the process moves as smoothly as possible. From child custody and property division to spousal maintenance and visitation, the Benjamin Kaasa Law Office, PLLC can help you. Call 218-464-3397 for a consultation.