When considering the end of a marriage, many Minnesotans find themselves at a crucial decision point. While divorce is a well-known option, annulment remains less understood yet equally important. Both processes can terminate a marriage but operate on distinctly different principles and have varying implications.
This blog aims to clarify the key differences between annulment and divorce in Minnesota. We will examine the aspects of each option, helping you understand which path might be most suitable for your circumstances.
Annulment or divorce?
Divorce, or dissolution of marriage, is the more common legal pathway to end a marital union. This process acknowledges that a valid marriage existed and now needs to be dissolved.
To initiate a divorce, you must first meet specific residency requirements. At least one spouse must have lived in the state for at least 180 days before filing. The process begins when you file the relevant court forms in your county.
Meanwhile, annulment is a less common but equally valid way to end a marriage. Unlike divorce, annulment treats the union as if it never occurred. This legal declaration erases the partnership from the record.
However, annulment is only available under specific circumstances. These include situations where one party couldn’t provide voluntary consent due to mental incapacity.
Age is another factor that can lead to annulment. In the state, the legal age for marriage is 18. However, people aged 16 or 17 can get married with parental consent or court approval. Marriages involving parties under the legal age may be subject to annulment.
Making your decision
Annulment and divorce each serve distinct purposes and come with their requirements and outcomes. Your choice between these two unique options will depend on your circumstances and the specific grounds applicable to your situation.
Remember, ending a marriage is a significant life decision with far-reaching legal, financial and emotional consequences. While this blog provides an overview, it is wise to seek personalized legal advice before proceeding. An experienced family law lawyer can assess your case and guide you through the process that best fits your needs.