707 24th Street, Ste 1-F Ogden, Utah 84401

Divorce and Annulment Attorney in Ogden, Utah

Divorce Annulments in Utah

A divorce and an annulment both end a marriage, but they are legally distinct. While divorce dissolves a valid marriage, an annulment declares that the marriage was never legally valid to begin with. In Utah, annulments are granted only in specific circumstances, requiring proof that the marriage was legally flawed from the start.

At Porter Law Firm, we assist clients in determining whether they qualify for an annulment and guide them through the legal process to protect their rights.

Grounds for Annulment in Utah

Utah courts only grant annulments under specific legal conditions, including:

  • Fraud or Misrepresentation – If one spouse deceived the other about an essential aspect of the marriage (e.g., hiding a criminal record, infertility, or financial status).
  • Bigamy – If one spouse was already legally married to another person at the time of the marriage.
  • Underage Marriage Without Consent – If one or both spouses were under 18 and did not have legal parental or court approval.
  • Incestuous Marriage – If the spouses are closely related by blood, the marriage is automatically void.
  • Lack of Capacity – If a spouse was under the influence of drugs or alcohol or lacked the mental capacity to consent to the marriage.
  • Force or Duress – If a spouse was coerced into the marriage against their will.

If none of these conditions apply, the couple will need to pursue a traditional divorce instead of an annulment.

Effects of an Annulment

An annulment voids the marriage, meaning it is treated as if it never legally existed. However, courts can still address important issues, such as:

  • Child Custody and Support – If children were born during the marriage, the court will establish custody, support, and visitation agreements.
  • Property Division – Courts may divide assets and debts fairly, similar to a divorce, if necessary.
  • Alimony – Since an annulment erases the marriage, alimony is generally not awarded unless the court determines otherwise.

FAQs

An annulment declares that the marriage was never legally valid, while a divorce ends a legally recognized marriage.

There is no strict time limit, but the sooner you file, the better, as delays can make it harder to prove legal grounds.

No, child custody and support are handled the same way as in a divorce to protect the child’s rights and well-being.

 

Learn from the Experts

Our Blog

Do You Qualify for an Annulment in Utah? Understanding the Legal Requirements

Not every marriage qualifies for an annulment. This blog explains the legal grounds for annulment in Utah, such as fraud, bigamy, or lack of consent, and helps you determine if you may be eligible.

Annulment vs. Divorce: What’s the Difference and Which One is Right for You?

While both annulment and divorce end a marriage, they have very different legal effects. This article breaks down the key differences and helps you decide which option best fits your situation.

What Happens to Children and Property After an Annulment?

Annulments erase a marriage as if it never happened, but what does that mean for child custody, support, and property division? This blog explores how Utah courts handle these issues after an annulment.
  • Jonathan was fantastic to work with, he was professional, and so quick responding to any questions that I had!!! Thank you for everything you literally changed my life!!!!!

    jared love Avatar jared love
    March 23, 2024
  • My fiance and I came to Jonathan Porter so he could get divorced from his prior marriage. They were very friendly, helpful, and reasonably priced. We were able to have the divorce final within a few months. We are very satisfied and highly recommend.

    Jessica Fowler Avatar Jessica Fowler
    March 23, 2023
  • Our journey began shortly after I returned from the last deployment of my career. I learn that my children had been moved across the country and I was being told I could only see them on/around summer break and winter breaks. This was alarming given that I was court ordered the majority custody of my children. After one hearing with Porter Law Firm my children were returned into my custody. Unfortunately, what seemed to be a simple enforcement issue, became a bit of a living nightmare. I started working initially with Cassidy, who is a really amazing and caring person, but shortly thereafter worked mostly with Stephanie and Jon directly. Stephanie has been nothing short of phenomenal, there have been too many instances in which I have needed her and Jon's expert advice, and albeit this moderately simple enforcement case became quite complex in the blink of an eye. With that being said, given the complexity, Stephanie and Jon are great at providing quick and accurate answers to the many questions I have had. We are nearing what I hope to be the conclusion of this ordeal and regardless of the outcome, I have felt that they have been there for me when I needed them the most. To be a little more descriptive, there have been many conversations derived by a lot of emotions, (and admittedly I can be a bit long winded) yet each time I am in contact with them it really feels like they are hearing me as more than that of a client, but as a person. While it has been difficult to process that sometimes things take longer than what I would hope they did, I can say that after working with Porter Law-Firm for well over a year, I am grateful for all they have done to help!

    Michael Carfaro Avatar Michael Carfaro
    August 23, 2024
  • I found Jonathan and his paralegal Cassidy while needing help correcting custody issues with my children. They both stepped into a situation that for me has been emotionally exhausting and they have been nothing more than amazing. They are both compassionate and caring while understanding the need for legal fairness and action. They have been very patient when I have anxiously reached out for reassurance or when I've asked a thousand questions. I was very impressed by the professional and respectful way they interacted with the mother of my children despite knowing the turbulent history of things. I have also been impressed by their concern for my children. Needing a lawyer is always difficult, but Jonathan and Cassidy have been an incredible asset and their help has been invaluable.

    Ryan Uhrey Avatar Ryan Uhrey
    March 23, 2024
  • Divorce can be a stressful thing to navigate. Johnathan Porter and his team go above and beyond to protect your best interests. They communicated with me every step of the way. I feel Johnathan really listens and asks questions to truly understand all the facts. I highly recommend Porter Law firm to anyone needing legal counsel! Thank you for everything.

    CB Avatar CB
    March 23, 2024
  • Porter Law was amazing! Helped me with some custody stuff and actually had my back. Jon and his staff are fantastic!

    Cody Vine Avatar Cody Vine
    July 23, 2024
  • Jonathan & Stephanie have been so AMAZINGLY good to me & my family. So kind hearted & very patient, their communication is great. Very kindhearted & gets the business done. I am truly honored. THANK YOU!

    Gina Barnes Avatar Gina Barnes
    November 23, 2024
  • Jonathan and his team are seriously amazing! Jon has represented me in a few different legal matters over the years and I couldn't be more pleased every time. If you need an attorney that actually cares, communicates with you, fights for you and makes sure you understand everything that is going on- Jon literally is the best!

    Amber VanDerWoude Avatar Amber VanDerWoude
    December 23, 2024
  • I recently needed some help with a court issue. Jonathan was immediate and got all my questions answered and walked me through everything I needed. He he very kind, and professional. I recommend him and will use his services again.

    Melissa Watkins Avatar Melissa Watkins
    May 23, 2024
  • Jonathon helped my husband and I with a gestational agreement as we embark on the journey of surrogacy. He was kind and responded quickly to our questions. His staff members were supportive and took the time to answer all questions thoroughly. Jonathan was able to get our agreement validated in court and the judge praised how well the agreement was prepared. My husband and I recommend Jonathan without any reservation.

    Kristen Porter Avatar Kristen Porter
    March 23, 2024

Take the Next Step - Contact Porter Law Firm Today

If you believe your marriage may qualify for an annulment, Porter Law Firm can help. We will assess your situation, gather the necessary evidence, and guide you through the process to ensure your rights are protected.