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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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In Utah: My husband and I were married about a year and a

Resolved Question:

In Utah:
My husband and I were married about a year and a half ago, however, one of the witnesses was 14 years of age. Would that be enough to go get the marriage annuled?
Submitted: 1 year ago via USmarriagelaws.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, that would not be sufficient. Utah grounds for an annulment from the Utah State Law Library are:


* Where the marriage is prohibited or void under Title 30, Chapter 1, Section 2, which deals with age requirements, prior marriages and divorces, and persons of the same sex.
* Where the marriage is incestuous, and therefore void.
* Common law grounds include fraud, misrepresentation, and failure to consummate the marriage.

Since the witness was not one who was married, there is no age concern, and the marriage would subsequently be deemed valid.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.
If I may ask, why did you rate my answer as 'poor' when I simply provided you with the exact law and code of the state? Or did you expect a different answer that would not have been accurate but would have made you feel better as that is what you were hoping to hear? Please advise as your rating affects me and my standing on this site. Thank you.
Customer: replied 1 year ago.
One can go on the internet themselves and find that answer, almost verbatim, just by typing grounds for annulment into the search engine. However, upon reading the requirements for the license and everything else the witness has to be 18 or over. If the witness was not 18 or over then technically they are not considered an actual witness which would mean there was only one credible witness at the wedding. Upon further investigation one can find that marriage has been annuled for that reason. I was just trying to find out if what I had read on the internet could be possible or not.
Thank you for your time.
Expert:  Dimitry K., Esq. replied 1 year ago.

My apologies but annulling a wedding based on a faulty witness is terribly unlikely. I did indeed provide you information verbatim (as I even told you where I obtained the information), but it does not make that information false or inaccurate. The courts would consider an unqualified witness as being a 'minor' error to the certificate, meaning that such an error is not material enough (significant enough) to cancel the marriage. There are only a few grounds for an annulment in Utah, and none of those grounds are based on an improper witness.

 

You asked a 'yes/no' question and that is exactly how I responded--this is one of a very few situations where the answer really is a yes or a no without any direct conditions because annulments are solely governed by statutory language--if the language does not have such a condition, an annulment is not possible.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37006
Experience: I provide family and divorce law advice to my clients in my firm.
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