Understanding Marriage Annulment in Utah

In Utah, an annulment is a legal declaration that a marriage never existed. Unlike a divorce, which dissolves an existing marriage union or record, an annulment views the marriage as if it never happened.

Court annulments and divorces are similar in that they establish marital status. However, the primary difference between them is that divorce terminates an existing, legitimate marriage. At the same time, annulment states that the marriage never existed in the first place.

In Utah, a court may grant an annulment on the grounds of fraud, incest, underage marriage, bigamy, misrepresentation, and impotence. If the grounds for annulment are successfully proven, a judge issues an order annulling the marriage. Former couples may obtain certified copies of the document (annulment decree) as evidence of their new single status for remarrying.

Grounds for Annulment in Utah

Some common grounds for annulment in Utah are as follows:

• Fraud: One partner did not reveal the truth or concealed information that directly affects the marriage relationship.
• Bigamy: Either spouse is legally married to another person at the time of the marriage ceremony.
• Incest: The marriage is between close blood relatives (e.g., first cousins).
• Underage: a spouse is under the legal age for marriage.
• Misrepresentation: One spouse conceals facts that are detrimental to the other spouse.
• Impotence: One partner is unable to engage in sexual intercourse.

Eligibility Requirements for an Annulment in Utah

Under Utah law, either party to a marriage may file for annulment in a county where the petitioner or the other party resides. One or both parties are expected to treat the county as home before they are eligible to file a case there.

In Utah, only marriages that are void or voidable under Utah Code § 81-4-302 may be considered for annulment. Such grounds include bigamy, underage marriage, and incest.

Annulments do not have a specific residency requirement like divorces (three months in-state/county). Utah Code § 81-4-303(2) permits the filing of annulments in a state county where the petitioner or the other spouse (respondent) resides.

Civil annulments differ from religious annulments in Utah. While religious annulments (for example, through a church tribunal) may have significance within the faith, only a Utah district court decree alters a spouse's legal status under state law.

How to Get a Marriage Annulled in Utah

Step 1: File a Petition

The petitioner begins the case process by filing a Complaint (or Petition) for Annulment with the district court clerk. The petition usually identifies both spouses and any minor children, states the date and location of the marriage, and describes the legal grounds for annulment with supporting evidence.

Step 2: Serve the Other Spouse

After filing, the clerk issues a summons; the plaintiff is responsible for having the summons served on the spouse by a sheriff or a private process server. The respondent spouse is expected to answer the petition, contesting or agreeing to the grounds for annulment. If contested, the court schedules further hearings, where necessary, a trial.

Step 3: Attend a Hearing

The complainant in contested annulment cases must provide evidence of a legal flaw that existed at the time of the marriage, such as documents indicating underage status without consent, evidence of illegal kinship, or a prior undissolved marriage (bigamy). Before determining whether to annul the marriage, the judge considers testimony, witness statements, and evidence from both parties.

Step 4: Issuance of the Decree of Annulment

The court issues a Final Decree of Annulment if it determines that the grounds for annulment have been satisfied. In addition to restoring the former couple's single status, this report states that the marriage was illegal from the beginning.

Required Forms and Documentation for an Annulment in Utah

Individuals filing annulment cases in Utah district courts typically use the same domestic relations forms throughout the state. Some of these forms and documents include:

• Utah District Court Cover Sheet for Domestic Relations Cases: Used to identify a case as a divorce or annulment and filed with the petition.
• Certificate of Divorce, Dissolution of Marriage, or Annulment: Vital-records form required in divorce or annulment cases.
• Verified Petition for Annulment or, in the Alternative, for Divorce (3001FA): This is the main pleading that sets out the couple's information, detailed facts, and legal grounds (statutory and common-law).
• Summons (1015FA in-state/1016FA out-of-state): This form typically orders the respondent to file an answer to the petition within 21 or 30 days.
• Findings of Fact, Conclusions of Law and Order and Decree of Annulment or Divorce (3003FA): proposed orders for the judge to sign if the annulment is granted.

Affidavits and supporting evidence

In Utah annulment cases, the parties typically file an "Affidavit with Exhibits" containing documents and witness statements supporting fraud, duress, incapacity, prior existing marriage, or non-consummation, such as medical or mental-health records, criminal history printouts, emails, messages, or financial records.

Interested parties may access most of these forms through the Utah State Courts Annulment self-help page. They may also contact the local district court clerk's office to request these documents.

Where to File for an Annulment in Utah

In Utah, annulments are filed and heard in the district court statewide. The court serves as the state's main family law court, hearing cases involving divorces, legal separations, and annulments.

Petitioners do not file annulment petitions in a justice court or a separate "family court" in Utah. Instead, they are expected to file in the district court for the county with jurisdiction over their case.

Decisions on whether e-filing is necessary, how to obtain a case number, which clerk's office accepts filings, and which judges hear family cases are made at the county level in Utah. In contrast, the state provides consistent guidance on the organization of court paperwork, whether petitioners are expected to file, and on following the court's rules on service of process, scheduling, and hearings.

Annulment Timelines and Waiting Periods in Utah

Utah law does not require a waiting period for annulments, unlike divorces (a 30-day wait). The absence of a built-in waiting period for annulment means the process's duration depends on practice rather than statutes.

Factors that may hasten the annulment process include efficient personal service and a detailed, well-structured petition and exhibits. The absence of contestation by the respondent (spouse) and the judge's availability are other variables that often speed up the procedure. On the other hand, contesting the annulment, missing documents, the need for live testimonies, and longer duration of service by publication are issues that may hinder the annulment process.

Costs and Court Fees for an Annulment in Utah

In Utah, the costs and court fees for an annulment are similar to those for a divorce. This is because annulments are filed and processed in the same district courts that hear divorces; they also share the same "divorce/annulment" fee schedule.

According to the Utah statewide fee schedule for district courts, the state charges a $325 filing fee for "Divorce or Separate Maintenance" pursuant to Utah Code § 78A-2-301.

Aside from filing fees, parties to an annulment are expected to pay service-of-process costs. A survey of most county sheriffs' websites revealed that they typically charge a "General Service Fee" of $20 per defendant plus mileage for serving a summons, petition, or similar civil papers, and $50 plus mileage for writs and certain orders.

The state does not set attorney fees. The complexity of the case typically influences these fees; uncontested cases usually cost less than contested cases.

Those who cannot pay their filing fees may request the court to waive costs (i.e., filing fee, fee to serve petition and summons, and specific other court-assessed fees) by filing the Motion to Waive Fees and Statement Supporting Motion (sometimes titled a "Motion to Waive Fees" plus a supporting statement), approved by the Utah Judicial Council.

Either spouse may also represent themselves (pro se) by using the Utah Court's free forms and self-help resources. These include annulment-specific forms (cover sheet, Verified Petition for Annulment or in the Alternative for Divorce, findings, and decree).

After the Annulment: What Happens Next?

Once the court approves an annulment in Utah, the marriage is declared invalid and no longer exists. Consequently, former couples regain their single status and may remarry. Unlike divorces, annulments do not involve traditional property division or alimony (which may vary based on specific circumstances). However, children born during annulled marriages are entitled to the same rights and privileges (e.g., child custody, child support, and visitation agreements) as other children born into legitimate marital unions.