Why It's Important To Hire an Annulment Lawyer

Utah State Dep of Human Services, Jan 01, 2000

In an annulment, the court declares that the couple was never married because the marriage was void under Utah law or the

marriage resulted from fraud. For example, Utah law does not recognize marriages:

Involving incest Where one spouse has a living, undivorced spouse Where an unauthorized person

performed the ceremony (Except in cases where both parties honestly believed the person was authorized)

Where one spouse's divorce to a previous spouse has not been finalized Between persons of the same sex.
 
Courts will generally refuse to annul a voidable marriage if children have been born during the marriage.

The marriage must then be ended through a divorce proceeding, as if the marriage were valid.

The parties live separately, but remain legally married to one another.

The couple's rights and duties to each other are set forth in a Decree of Legal Separation, which covers matters such as

custody and child support, spousal support, division of property and payment of debts.

The legal procedures are similar to those for divorce, except that there are grounds for legal separation only when one

spouse is deserted by the other, or when a person refuses or neglects to provide for his or her spouse.

If the couple later decides to divorce after they have been legally separated, they must file a separate action for divorce.