Annulment of Marriage in Utah

• Annulment vs. divorce in Utah
• What are the grounds for a Utah annulment?
• What is the annulment process in Utah?
• Is there a time limit?
• Understand your legal status
• Why should you consider an annulment?
• How much does it cost?
• Pros and cons
• References

Utah courts allow people to end unlawful marriages through a process called annulment. Complete this process, and your single status will be restored. Your wedding will be legally voided, as though it never happened in the first place. 

Everything you need to know about annulment in Utah 

An annulment can help you end an unlawful union in Utah. It’s an attractive option for people morally opposed to divorce, as it simply invalidates your marriage. When asked to identify your status on legal forms (like tax documents), you can legally say you’re single. 

How is annulment different from divorce in Utah?

A divorce ends a legal partnership within the state of Utah. Something happened after your wedding day that made you want to end your union. A divorce makes your split legally valid. 

An annulment voids an illegal marriage based on factors in place on your wedding day. You shouldn’t be married because of these issues, and you use an annulment to fix the situation. 

This table can help you understand the difference between an annulment and a divorce in Utah:

What are the grounds for a Utah annulment?

Utah statutes include the following the ree reasons (or grounds) for a Utah annulment:

•       Polygamy: One person was married to someone else on the wedding day. Perhaps one person was moving through a divorce that wasn’t finalized yet, or perhaps one person lied to the other about being single.
•       Youth: You married before May 14, 2019, and one person was younger than 18 on the wedding day and didn’t get permission from a parent, guardian, or the juvenile court system. If you married after May 14, 2019, and you or your partner were 16 or 17 years old, your marriage is void if you did not obtain proper consent. 
•       Bigamy: The union involves close relatives (like siblings) who aren’t legally allowed to marry within the state.

The grounds for annulment are both narrow and strict. If you don’t meet one of these conditions, you can’t apply for an annulment in Utah.

What is the annulment process in Utah?

The Utah State Courts don’t provide detailed guides on the annulment process.

Typically, getting an annulment involves the following steps:

• Fill out a Complaint for Annulment form. You may need to get it from the courthouse in your county, as Utah doesn’t make it available online.
• File the completed form with the court in your Utah county.
• Attend a hearing. The court will schedule the date for you to discuss your case in front of a judge.
• Get your form back from the judge, complete with a signature, and file it with the courthouse.

These are general steps. You should check with your local court to be sure of the procedure for your location.

Your Complaint for Annulment form may include a section for property division. In short marriages, you may decide to leave your union with just the debts and assets you had on your wedding day.

If your marriage was longer, you may have more extensive assets and debts. You may also share children. A case like this can be very complex, and since Utah doesn’t make the forms you’ll need available online, it’s not easy to handle them alone. You may need a lawyer to complete the annulment.

Is there a time limit?

Some states impose a time limit as to how long after the wedding a marriage can be annulled. Utah courts do not specify such a time limit.

Understand your legal status after an annulment

An annulment in Utah means your marriage never existed. The court determines that your arrangment didn't meet the state’s strict rules about valid marriage, and it shouldn’t have been approved in the first place.

While the children you had during your marriage remain legal children of both parents, your marriage itself never happened.

That means you can get remarried when your annulment has been processed.

Your taxes can get complicated. Since your marriage is considered invalid, any returns you filed as a married person must be refiled with you as a single person. You can also file as single after your annulment.

Why should you consider an annulment?

If you attempt to get an annulment in Utah, keep in mind that it’s somewhat easier to get a divorce than an annulment. The courts accept far more grounds for divorce than they do annulment, and information about divorce is more readily available than information about annulment.

That said, an annulment can help you invalidate a union that never should have occurred in the first place. If you want to end your relationship without the taint of divorce, an annulment could be a good option.

How much does it cost?

Utah courts charge $325 in filing fees for divorce and separate maintenance. Once you find and complete your forms, you must cover this cost to start the process in motion.

Since Utah courts don’t make the annulment forms widely available, you may need a lawyer to help you split up your debts, assets, and childcare responsibilities. In Utah, lawyers charge an average of $260 per hour. The more complicated your case, the more you can expect to pay.

If you can’t afford filing fees, you can apply for a waiver. People receiving government benefits or struggling to cover their basic necessities could qualify and start their cases for free. Fill out and file the Motion to Waive Fees form to get started.

If you can’t afford an attorney, you can use the Online Court Assistant Program to help you fill out the documents. You could also try the Utah State Bar’s Modest Means Lawyer Referral Program to get access to help.

Pros and cons of annulment in Utah

Should you choose an annulment or a divorce to end your Utah marriage? Understanding the pros and cons can help you make an informed choice.

Benefits of an annulment in Utah include the following:

•       Less stigma: Some religious traditions frown on divorce. Annulment allows you to invalidate your marriage instead of ending it.
•       Legal protections: You can address child custody, child support, and other critical matters during the annulment process. If you simply walk away from your marriage, it’s harder to wrap up these details.
•       Freedom: At the end of your annulment process, you can get married to someone else immediately.
•       No waiting: A Utah divorce comes with a mandatory 30-day cool-off period. Utah annulments don’t make you wait.

Drawbacks of an annulment in Utah include the following:

•       Complexity: Utah courts publish forms and roadmaps to guide you in divorce. Little information exists to help you annul your marriage.
•       Tight grounds: You must meet the items specified in Utah code before you can annul your marriage. There are far more options to help you end your marriage via divorce.
•       Burden of proof: To annul your marriage, you must demonstrate why your marriage was illegal. That can mean revealing embarrassing details, such as incest.

Ultimately, both divorce and annulment are available in Utah, though some people won’t qualify for an annulment.

Do you have questions about ending a marriage in Utah? Hello Divorce is here for you. Schedule a free 15-minute phone call with us to learn what we have to offer.

References