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Utah Annulment and Prohibited Marriage Laws

Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of laws related to civil annulments and prohibited marriages. A prohibited marriage is void because the marriage was never lawful. Common examples of prohibited marriages include bigamous marriages or incestuous marriages. In bigamous marriages, a person tries to marry more than one spouse. In incestuous marriages, a person tries to marry a closely related family member.

civil annulment is a way to void a marriage that is legally invalid. While both an annulment and a divorce end a marriage, an annulment wipes the slate clean as if there was no marriage to begin with. However, you usually need to get an annulment within a certain amount of time. So, it is important to know the laws and act promptly if you are considering annulling your marriage.

This article provides a brief overview of laws in Utah that are related to civil annulments and prohibited marriages.

Civil Annulments and Prohibited Marriages in Utah

The following chart details more on laws in Utah that are related to civil annulments and prohibited marriages.

Grounds for Annulment

  • Under U.C.A. § 30-1-17.1, a marriage is legally invalid if it is prohibited or void on grounds specified under common law. An example of such grounds is where a party to the marriage is under age and consent has not been obtained from a parent or guardian. Another example of such grounds is where a party to the marriage was of unsound mind at the time of the marriage.
  • Under U.C.A. § 30-1-17.3, courts are able to reject an annulment if it is determined that it is in the best interests of the parties seeking an annulment and/or their children for the parties to remain married. However, it's important to note that this law only applies to parties that are seeking an annulment on the grounds that they were under age at the time of the marriage.

Legitimacy of Children

  • Under U.C.A. § 30-1-17.2, children that are born to a marriage that is later annulled are considered legitimate.

Prohibited Marriages

  • Under U.C.A. § 30-1-1, incestuous marriages are prohibited. Incestuous marriages are marriages between closely related family members.
  • Under U.C.A. § 30-1-2, bigamous marriages and marriages where one or both of the parties is under age are prohibited. Bigamous marriages are defined as marriages where a person is still married when they attempt to marry or actually marry another person.

Same-Sex Marriage

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Consider reviewing the following resources for more information about laws in Utah, including those related to civil annulments and prohibited marriages:

  • At Utah Law, you'll find links to all law laws in the state, including those related to civil annulments and prohibited marriages.
  • At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.

Civil Annulments and Prohibited Marriages: Other Resources

Consider reviewing the following resources for more information:

Next Steps: Speak to a Family Law Attorney

If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local family law attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your state.

Get started by receiving a consultation from a Utah family law attorney today.

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