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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9682
Experience:  Experienced Family Law Attorney
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My son is 19 and impulsively got married to his girlfriend

Customer Question

My son is 19 and impulsively got married to his girlfriend of a few months. How can he annul this marriage? It happened in Utah while he was visiting his dad. He normally lives with me in CA
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Has anything been filed or reported?
Customer: Not yet, it happened 3 weeks ago. He is not sure how to proceed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: If the girl is not willing to sign how do you proceed. I would like to know with her consent and without.
Submitted: 1 month ago.
Category: Family Law
Expert:  LegalGems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 month ago.

I am sorry to hear this; annulment does not require both parties consent but it does require a reason recognized at law; here are those statutory reasons:

30-1-2. Marriages prohibited and void. The following marriages are prohibited and declared void:

(1)when there is a husband or wife living, from whom the person marrying has not been divorced;(2)when the male or female is under 18 years of age unless consent is obtained as provided in Section 30-1-9;(3)when the male or female is under 14 years of age or, beginning May 3, 1999, when the male or female is under 16 years of age at the time the parties attempt to enter into the marriage; however, exceptions may be made for a person 15 years of age, under conditions set in accordance with Section 30-1-9;(4)between a divorced person and any person other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree;

please see:

https://www.utcourts.gov/howto/divorce/annulment.html

30-1-17.1. Annulment -- Grounds for. A marriage may be annulled for any of the following causes existing at the time of the marriage:

(1)When the marriage is prohibited or void under Title 30, Chapter 1, Marriage.

(2)Upon grounds existing at common law.

If none of the grounds apply, which under common law include misrepresentations by one of the parties, or duress, then the legal process required would be an actual divorce.

For short term marriages normally each party's property is confirmed as their own, and there is no alimony.

Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned5 stars 🌟🌟🌟🌟🌟*****as I strive to provide my customers with great service. ☺️ (no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html