So…you don’t remember much of the weekend, but apparently you’re now married? Don’t worry; you may be able to get the marriage annulled. An annulment essentially “erases” the marriage and treats it as though it never existed.
Marriages that are subject to annulment are considered “voidable,” which means that they can be “erased” only if one of the parties petitions the court and is able to meet the statutory requirements. This can be distinguished from “void” marriages – such as those between close relatives – which are prohibited by law and never valid.
The grounds for annulment are limited. In Minnesota, annulment is available when:
1. One of the parties was unable to voluntarily consent to the marriage because :
· one of the parties suffered from mental illness or incapacity, about which the other party didn’t know;
· one or both of the parties were influence of alcohol, drugs, or other “incapacitating substances”; or
· consent was obtained by force or fraud.
2. One of the parties is unable to consummate the marriage by sexual intercourse and the other party was unaware of this at the time of the marriage.
3. One of the parties was under the legal age for marriage.
There are strict timelines for bringing annulment proceedings, which vary depending upon the reason for seeking the annulment.
If you need to erase the results of that lost weekend in Vegas, call Kruse Family Law at 612.231.9865 or email us at email@example.com.