Understanding Marriage Annulment in Minnesota

Sections 518.02 to 518.05 of the Minnesota Statutes define annulment as the judicial declaration that a marriage is void from the start. Unlike divorce, which is the termination of a legal marriage, under Minnesota laws, annulled marriages never legally existed. Once a Minnesota court annuls a marriage, it means that there was no valid marriage record or contract; the former spouses will reassume their single status.

In Minnesota, the legal purpose of annulments is to nullify marriages that are not valid under the law. For instance, Minnesota law does not permit:

• Underage marriages
• Bigamous, incestuous marriages
• Marriages contracted under duress, intoxication, and coercion.

Minnesota allows either party in a void or voidable marriage to petition for annulment. Depending on the reason for annulment, legal representatives and third parties may also be eligible to petition for annulment of a marriage in Minnesota. For underage marriages where the minor does not have parental or judicial consent, the parents or legal guardians can petition for annulment.

Grounds for Annulment in Minnesota

Generally, courts grant annulments under certain conditions. In Minnesota, Sections 518.02 through 518.05 of the Minnesota Statutes outline the grounds for marriage annulments in the state. The grounds for annulment in Minnesota include:

• Bigamy
• Incest
• Underage marriage without parental consent or court order
• Fraud and misrepresentation leading to marriage
• Physical incapacity to consummate the marriage
• Marriage under duress or coercion
• Lack of capacity to consent to the marriage due to mental incapacity or intoxication.

Eligibility Requirements for an Annulment in Minnesota

Minnesota allows annulment if petitioners demonstrate that a marriage was void from the start or is voidable on certain grounds. Section 518.05 of the Minnesota Statutes specifies who has legal standing to petition for marriage annulment in the state. The party who can petition for annulment depends on the circumstances of the marriage, as the following table outlines:

For a marriage to be eligible for annulment in Minnesota, at least one spouse must reside in Minnesota when the petition is filed or the marriage was conducted in the state. Minnesota laws only recognizes civil annulments. In Minnesota, only the Family Divisions of the District Courts can annul marriages and thus affect a party's marital status. Nonetheless, an individual may pursue religious annulments for faith-related reasons.

How to Get a Marriage Annulled in Minnesota

The purpose of annulment is to end an invalid marriage. A petition for annulment in Minnesota is a formal request to the court to declare a marriage invalid for contravening State laws. Individuals who intend to petition a Minnesota District Court to annul a marriage should follow these guidelines:

• Confirm eligibility and grounds for annulment under Section 518.02 through 518.05 of the Minnesota Statutes, and also note that there are time limits for filing petitions under certain grounds
• File the petition for annulment at the Family Division of the District Court in the county where either spouse resides. A petition for annulment in Minnesota should contain:
  • The names and addresses of both spouses
  • The date and location of the marriage
  • The grounds for annulment
  • Any related requests. For instance, property division or child custody, if applicable
• Pay the filing fees. Waivers may be available to individuals who cannot afford the payments if their income is below 125% of the Federal Poverty Guidelines for their family size
• Serve notice of the petition action to the other spouse. Service must follow Minnesota’s rules for personal service
• Attend court hearings. The judge may review the evidence and grant annulment if the petition is uncontested, but will schedule a hearing if it is contested
• If the court finds the grounds for annulment to be valid, it will issue a decree of annulment that invalidates the marriage.

Annulment makes a marriage legally non-existent, and each party in the marriage reverts to unmarried status. Notwithstanding, the annulment becomes part of the official records.

Required Forms and Documentation for an Annulment in Minnesota

Filing a petition for marriage annulment in Minnesota requires forms and documentation. In Minnesota, there are no standard forms specifically for annulment. However, petitioners can adapt forms for divorce/dissolution of marriages to serve similar purposes for annulments. These forms include:

• Petition for Divorce
• Summons/Notice to Respondent
• Affidavit of Service/Proof of Service
• Answer or Response by Respondent
• Affidavit(s)/Supporting Evidence Attachments
• Cover Sheet/Confidential Information Forms
• Fee Waiver/In Forma Pauperis (if applicable)
• Final Decree/Judgment Form.

The relevant forms can be downloaded as a packet through the Minnesota Judicial Branch's Divorce/Dissolution Forms Webpage. Alternatively, intending petitioners can contact the appropriate local District Court Clerk's Office for samples or a guide on how to draft a petition for annulment.

Where to File for an Annulment in Minnesota

The Family Division of the District Courts in Minnesota handles annulment cases. An individual seeking a marriage annulment in Minnesota must petition the District Court in the county where either party in the marriage resides. Except for bigamous and incestuous marriages, petitioners must file annulment petitions within the time frame stipulated for the various grounds for annulment. For instance, they must file an annulment based on mental incapacity, intoxication, fraud, or force within 90 days after they obtain knowledge of the condition. Petitioners must also adhere to local court rules when filing for marriage annulment in Minnesota.

Annulment Timelines and Waiting Periods in Minnesota

Minnesota does not impose a mandatory waiting period for annulments; however, it enforces strict filing deadlines based on the grounds for annulment.

Per Section 518.05 of the Minnesota Statutes, the following deadlines govern the filing of annulment petitions under various grounds:

Similar to divorce cases, Minnesota does not have a mandatory time limit for concluding annulment cases. These proceedings can be slower or quicker depending on the case’s complexity, whether the case is contested or not, and court scheduling. However, litigants can speed up annulment proceedings if:

• There is a clear, documented statutory ground and prompt filing within the statutory deadline
• The petitioners provide clean, complete pleadings and proof of service at filings
• There are no missing forms or fee paperwork
• The courts have lighter workloads, allowing for early hearings.

Costs and Court Fees for an Annulment in Minnesota

Filing annulment petitions in Minnesota involves fee payments. The Minnesota Judicial Branch mandates a $360.00 filing fee for annulment, comprising $310.00 base fee and an additional $50.00 for other costs. However, counties may impose additional local surcharges, leading to slightly higher amounts. Hence, the costs for filing for annulments in Minnesota may range up to $400.00. The filing fees exclude potential costs, such as:

• Service of process costs
• Attorney fees (if applicable)
• Miscellaneous court costs
• Additional professional fees (if necessary).

Individuals who find the fees for marriage annulments financially burdensome can ask for a waiver or fee reduction. Petitioners can also save costs through self-representation if the annulment does not include children and major assets.