Minnesota Petition to Annul Marriage with No Children or Property

State:
Multi-State
Control #:
US-01007BG
Format:
Word; 
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Instant download

Description

An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.

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FAQ

In most Minnesota marriages, the house is either completely a marital asset or has some marital component. Next, spouses figure out home equity. Home equity is the home's value minus any loans against it. This is typically the value of the marital asset.

Minnesota has a "no-fault" divorce law.

Minnesota is not a "community property" state, in which all marital property is divided directly in half. Instead, Minnesota (as most other states) adheres to the concept of equitable distribution. This is a more comprehensive and nuanced method, in which the judge decides what is equitable (or fair) for both parties.

Example: If you and your spouse bought a house together after getting married, and paid the mortgage from earnings, the law says the house is a "marital asset." In the divorce, each spouse is entitled to a "fair and equitable share" of all the marital assets.

An annulment is a legal procedure that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.

A) One party was not able to give their voluntary consent to the marriage at the time of the marriage ceremony because: One party has a mental illness, insanity, or mental incapacity and the other party did not know about the mental illness, insanity, or mental incapacity at the time of the marriage ceremony; OR.

The house cannot be physically split in half, so one party can keep it, it can be sold, or it can continue to be co-owned. The marital home is a significant piece of property in a divorce because it is usually the largest and most expensive asset you own.

Equitable distribution of marital wealth Minnesota is an equitable distribution state. This does not necessarily mean a 50-50 settlement of everything. But the law presumes that all assets and debts acquired during the marriage will be divided equitably, including: Your house and other real estate.

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Minnesota Petition to Annul Marriage with No Children or Property