On what grounds can a party obtain a marriage annulment in Minnesota?
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Q: One month before I married my wife, she showed me a fake identification stating that she was 19 years of age. The truth is, she was only 17 years old. Contrary to our parents' wishes, the two of us eloped and got married in Minneapolis, Minnesota. A year later, I learned my wifes true age and now I am seeking a marriage annulment. On what grounds can a party obtain a marriage annulment in Minnesota?
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A: Unlike a divorce, an annulment treats a marriage as though it never occurred. Pursuant to Minnesota law, an annulment may be granted where one of the following conditions are present:
1) One party was unable to provide his or her voluntary consent to the marriage when the marriage ceremony took place due to the fact that (1) one party was mentally incapacitated, insane, or mentally ill and the other party was unawar of the mental incapacity, insanity or mental illness when the marriage ceremony occurred; (2) one party was under the influence of an "incapacitating substance" such as alcohol or drugs when the marriage ceremony took place; or (3) coercion was used to obtain consent;
2) One party is unaware, at the time of the marriage ceremony, that the other party is unable to consummate the marriage with sexual intercourse;
or
3) One of the parties was under the age of 18, the legal age for marriage in the state. Minnesota allows parties who are 16 or 17 years of age to marry only if the court, a guardian, or their parents have provided their consent and the application of the marriage license has been approved by a Juvenile Court Judge.
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Posted by Yara Zakharia on 26 Apr 2010
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