Minnesota Annulment Laws: Grounds, Deadlines and How to File (2026)

Minnesota allows annulment, which its statutes describe as having a marriage "adjudged null and void." Marriages prohibited by Minn. Stat. 517.03, such as bigamous or closely related marriages, are void under 518.01, while 518.02 lists the grounds that make a marriage voidable, each with its own deadline in 518.05. Under 518.03, an annulment is filed and handled "as in proceedings for dissolution."

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers annulment under Minnesota Statutes 518.01 through 518.055, the marriage prohibitions in 517.03, the marriage age in 517.02 as amended by Laws 2020, chapter 76, and the paternity presumption in 257.55. It does not cover religious annulments, residency rules, court forms, divorce procedure or other states' law. For ending a valid marriage, see Minnesota divorce laws.

Can you get an annulment in Minnesota?

Yes. Minnesota law treats some marriages as void from the start and allows others to be declared a nullity by a court. Section 518.03 governs the court case:

"An annulment shall be commenced and the complaint shall be filed and proceedings had as in proceedings for dissolution. Upon due proof of the nullity of the marriage, it shall be adjudged null and void."

The practical difference between the two categories is who can act and when. Section 518.01 says a void marriage is void without any decree. A marriage on one of the 518.02 grounds can be declared a nullity only on a petition by the people, and within the deadlines, that 518.05 sets.

Void marriages in Minnesota

Section 518.01 states that "all marriages which are prohibited by section 517.03 shall be absolutely void, without any decree of dissolution or other legal proceedings." The prohibited marriages in 517.03, subdivision 1, are:

The absent-spouse exception

Section 518.01 carves out one situation from the bigamy rule. If a person's spouse "has been absent for four successive years, without being known to the person to be living during that time," and the person remarries during the absent spouse's lifetime, the new marriage "shall be void only from the time that its nullity is duly adjudged." In that situation the second marriage stands until a court rules. If the absent spouse has been declared dead under section 578.17, the later marriage is not void.

Grounds for annulment in Minnesota: voidable marriages

Section 518.02 lists three grounds on which a marriage can be declared a nullity. Section 518.05 sets who may file and when, and 518.04 adds bars based on later cohabitation.

Under 518.05, none of these grounds can be raised after the death of either party.

Section 518.02(a) states the capacity ground in full: a party "lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties."

The 90-day and one-year clocks run from when the person filing learned of the condition, not from the wedding date. Anyone weighing an annulment on these grounds should speak with a Minnesota family lawyer promptly.

Underage marriage in Minnesota

Laws 2020, chapter 76 ended marriage by minors in Minnesota. Section 517.02 now provides that a person who has attained 18 is capable of contracting a civil marriage; the earlier route for 16- and 17-year-olds, which required parental or guardian consent and a district judge's approval, was removed. The act states: "This section is effective August 1, 2020, and applies to marriages entered into on or after that date."

How Minnesota treats an underage marriage depends on whether one or both parties were under 18:

• Both under 18: prohibited by 517.03, subdivision 1(a)(4), and therefore void under 518.01.
• Only one under 18: voidable under 518.02(c). The underage party, or a parent or guardian, may seek an annulment before that party reaches marriage age (518.05), and voluntary cohabitation after reaching legal age bars it (518.04).

Section 517.03, subdivision 1(b) reaches marriages entered elsewhere. A marriage between two people under 18 that another state or country recognizes "is void and against the public policy of this state unless neither party was a resident of this state at the time the marriage was entered into."

What happens to property, support and children

Section 518.03 brings the divorce rules into annulment cases:

"The provisions of this chapter and chapter 518A relating to property rights of the spouses, maintenance, support and custody of children on dissolution of marriage are applicable to proceedings for annulment."

Section 518.58, subdivision 1, which governs the division of marital property, applies "upon a dissolution of a marriage, an annulment," so the court divides marital property in an annulment as well.

Children. Annulment does not end the paternity presumption. Under 257.55, subdivision 1, a man is presumed to be the father of a child born during the marriage "or within 280 days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution, or divorce." The presumption also covers an attempted marriage entered in apparent compliance with law, even if that marriage is void or voidable. For custody and support, see Minnesota child custody laws.

Putative spouses in Minnesota

Minnesota protects a person who believed in good faith that they were married. Section 518.055 defines a putative spouse as "any person who has cohabited with another to whom the person is not legally married in the good faith belief that the person was married to the other," until knowledge of the truth ends that status.

The statute then gives that person real rights: "A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of the status, whether or not the marriage is prohibited or declared a nullity." If there is also a legal spouse or another putative spouse, those rights do not override theirs; the court apportions property, maintenance and support among the claimants (518.055).

How to file for an annulment in Minnesota

Under 518.03, an annulment is started, filed and handled the same way as a dissolution (divorce) case in district court. The Minnesota Judicial Branch's Divorce help topic is the court system's starting point for family case information.

This page does not cover residency requirements or court forms for an annulment. Ask the court administrator in your county or a Minnesota family lawyer before filing.

Annulment vs. divorce in Minnesota

An annulment establishes that a marriage was void or should be declared a nullity on a ground in 518.02. A dissolution ends a valid marriage. Because the voidable grounds have short deadlines and cohabitation bars, a couple whose marriage was valid when it began generally ends it by dissolution instead; see Minnesota divorce laws.

To find out whether a relationship counts as a marriage at all, see Minnesota common-law marriage. To order a marriage or divorce record, see Minnesota marriage and divorce records.

Religious annulment

A church or religious annulment and a court annulment are separate processes. A religious annulment does not change a marriage's legal status, and a court annulment does not decide religious questions.

Disclaimer: This article provides general legal information about annulment under Minnesota law (Minn. Stat. 517.02, 517.03, 518.01 through 518.055 and 257.55), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Minnesota or contact the Minnesota Judicial Branch's self-help resources.

Related

• Annulment laws in every state
• Minnesota divorce laws
• Minnesota common-law marriage
• Minnesota marriage and divorce records
• Minnesota child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in Minnesota?

Under Minn. Stat. 518.02, a marriage can be declared a nullity if a party lacked capacity to consent (mental incapacity, alcohol or drugs, or force or fraud), lacked physical capacity to consummate it, or was under the marriage age. Marriages prohibited by 517.03, such as bigamous or closely related marriages, are void under 518.01.

How long do you have to get an annulment in Minnesota?

It depends on the ground. Section 518.05 allows 90 days after learning of a lack of capacity, one year after learning of physical incapacity, and, for nonage, until the underage party reaches marriage age. None of these grounds can be raised after either party dies.

Can you get an annulment for fraud in Minnesota?

Yes, if consent was obtained by fraud and the parties did not later cohabit voluntarily (518.02(a)). The petition must be filed no later than 90 days after the petitioner learned of the fraud (518.05).

Is a bigamous marriage void in Minnesota?

Yes. A marriage entered before an earlier marriage's dissolution becomes final is prohibited by 517.03 and absolutely void under 518.01, except that a remarriage after a spouse's four-year unexplained absence is void only once a court adjudges its nullity.

Can first cousins marry in Minnesota?

No. Minn. Stat. 517.03, subd. 1(a)(3) prohibits marriage between first cousins, except marriages permitted by the established customs of aboriginal cultures, and 518.01 makes prohibited marriages void.

Is an underage marriage void in Minnesota?

A marriage where both parties were under 18 is void under 517.03 and 518.01. If only one party was under 18, the marriage is voidable under 518.02(c), and the underage party or a parent or guardian may seek an annulment before that party reaches marriage age.

Can you get spousal maintenance after an annulment in Minnesota?

The chapter 518 maintenance rules apply to annulment cases under 518.03, and a putative spouse acquires a legal spouse's rights, including maintenance, under 518.055, subject to apportionment when there is also a legal spouse or another putative spouse.

Who is the legal father of a child after an annulment in Minnesota?

Under 257.55, a man is presumed to be the father of a child born during the marriage or within 280 days after an annulment, and the presumption also covers attempted marriages that are void or voidable.