Legal Question in Family Law in Minnesota
Less than 6 month marriage, can it be annulled as opposed to divorce?
I have been married for five months, and believe I saw some information on the web that stated that if you have been married for less than 6 months, you can have the marriage annulled. This has nothing to do with either of us being Catholic. I am just looking for the easiest, fastest, cheapest way out. We have no children no other joint properties or investments other than a house we are selling and distributing any proceeds equally should there be any. We have agreed to leave the marriage with what we came into it with. Any help?
1 Answer from Attorneys
Re: Less than 6 month marriage, can it be annulled as opposed to divorce?
A civil annulment in Minnesota is a fairly difficult proposition. There's no six month provision that I know of. I just took a look at the statute and what I see are three grounds for annulment: 1)inability to consent to the marriage, 2) inability to consummate the marriage, or 3) being underage at the time of the marriage.
For item one you have to start the annulment within 90 days after discovering the problem. For item two you have a year after discovering the problem to start the annulment. For item three you have until the underaged party reaches legal age.
My guess is you probably have to do a divorce. These annulment requirments are hard to satisfy. As you probably already know, Catholic church annulments are a whole different and unrelated topic.
The good news is, assuming you need a divorce, it sounds like an easy one.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of an attorney of your choice concerning the details of your case.