Can irreconcilable differences be grounds for an annulment?

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Can irreconcilable differences be grounds for an annulment?

Been married for 4 months and my spouse and I are having major issues between the 2 of us. She is now wanting to get our marriage annulled. She states it is because of certain things, but I disagree, and she has served me papers with the stated reason as fraud and misrepresentation. I think it is more irreconcilable differences. Can the marriage be annulled for that reason?

Asked on September 15, 2017 under Family Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, while irreconciliable differences are clearly grounds for divorce, they are not grounds for annulment. Annulment is for when there was a fundamental flaw or fraud in the marriage, so that the marriage essentially could never be formed--it was invalid from the very beginning. Examples include:
* One of the "spouses" was actually still married to another person;
* A spouse was underage
* A spouse was actually gay (in a traditional heterosexual marriage) and lied about sexual orientation because he/she had other reasons (e.g. immigration; health benefits) to want to be married.
But differences with your spouse do not invalidate a marriage from the inception; they merely provide grounds to termiante it later (divorce).


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