Minnesota Annulment Guidelines
An annulment legally ends a marriage by declaring that the union was never valid. In Minnesota, a court will determine whether a marriage should be annulled by considering several factors, including consent to the marriage, consummation of the marriage and the age of the spouses at the time of the marriage ceremony.
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Lack of Consent
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If someone does not voluntarily consent to a marriage, that marriage may be annulled. Reasons why someone might not voluntarily consent to a marriage during the marriage ceremony include mental illness or incapacity, intoxication, duress and fraud. An annulment must be sought within 90 days of one party learning about the incapacity of his spouse during the marriage ceremony. If, however, a spouse seeks to annul the marriage based on duress or fraud, the couple must not have voluntarily lived together in a state of cohabitation after the fraudulent or coerced act of consent.
Failure to Consummate
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A court may annul a marriage if one of the spouses is unable to consummate the marriage through sexual intercourse. An annulment for lack of consummation must be sought within one year after the spouse of the person who is unable to consummate the marriage learns of this inability.
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Age
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A marriage also may be annulled if one of the spouses was under the legal age when the marriage ceremony took place. To legally marry in Minnesota, both parties must be 18 years old. If a party is 16 or 17 years old, she must obtain parental consent for the marriage.
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