{"id":374206,"date":"2016-03-31T21:35:40","date_gmt":"2016-04-01T02:35:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-annulment-and-prohibited-marriage-laws.html"},"modified":"2024-01-17T17:27:07","modified_gmt":"2024-01-17T22:27:07","slug":"minnesota-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Minnesota Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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Minnesota Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Getting married, or not getting married, is a very personal decision based on a number of considerations. But since marriage is a legal contract between partners that is granted by the state, not all types of marriages are approved.<\/p>\r\n

In Minnesota and all other states, for instance, you may not marry someone if you have a previous marriage that has not been dissolved. This is called bigamy<\/a>. Similarly, there are certain circumstances under which one or both parties may have the marriage civilly annulled<\/a>. After a civil annulment, a marriage is treated as if it never happened in the eyes of the law. An example of a reason someone might qualify for a civil annulment is an inability to consummate the marriage.<\/p>\r\n

Civil Annulments and Prohibited Marriages in Minnesota<\/h2>\r\n

The basics of Minnesota’s laws related to civil annulments and prohibited marriages<\/a> are listed in the chart below. Additional articles and resources can be found in FindLaw’s Marriage Law Overview<\/a> section.<\/p>\r\n\r\n
Prohibited Marriages<\/td>\r\n
Grounds for Annulment<\/td>\r\n
Time Limits for Obtaining Annulment<\/td>\r\nUnder 518.05<\/a>, a person must begin pursuing a civil annulment in the following ways:
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  • If a person lacks the capacity to consent to a marriage, the timeframe is 90 days after the condition causing the lack of capacity is discovered.<\/li>\r\n
  • If a person lacks the physical capacity to engage in a marriage, the timeframe is one year after the knowledge of the condition has been discovered.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Legitimacy of Children<\/td>\r\nUnder common law, children that are born to legally invalid marriages and marriages that are civilly annulled are considered invalid.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are constantly changing. While we make every effort to keep these pages up-to-date, you may also want to contact a Minnesota family law attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Same-Sex Marriage in Minnesota<\/h2>\r\n

In 2013, Minnesota legalized same-sex marriages. In 2015, the U.S. Supreme Court also found that state bans on same-sex marriage were unconstitutional. The U.S. Supreme Court did so with its decision in a case called Obergefell v. Hodges<\/i><\/a>.<\/p>\r\n

Research the Law<\/h2>\r\n

Consider reviewing the following resources for more information about laws in Minnesota, including those related to prohibited marriages and civil annulments:<\/p>\r\n