Utah Annulment Laws: Grounds, Underage Marriage and How to File (2026)

Utah courts can annul a marriage under Utah Code 81-4-302 for a cause that existed when the couple married. There are two kinds of grounds: the marriage was "prohibited or void" under Utah's validity-of-marriage statutes (Title 81, Chapter 2, Part 4), or there are "grounds existing at common law." The petition, venue and court orders are governed by Utah Code 81-4-303.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in Utah under Utah Code Title 81 (mainly 81-4-302, 81-4-303, 81-2-402, 81-2-403, 81-2-407, 81-2-304 and 81-2-409) and the Utah State Courts' self-help guidance. It does not cover religious annulment, name changes, inheritance, criminal law or other states' law. For ending a valid marriage, see Utah divorce laws.

Can you get an annulment in Utah?

Yes. Utah Code 81-4-302 provides: "A court may annul a marriage for any of the following causes existing at the time of the marriage: (1) when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity of Marriage; or (2) upon grounds existing at common law."

The cause must have existed when the couple married.

Utah reorganized its domestic-relations code on September 1, 2024 (Laws 2024, chapter 366). The marriage provisions formerly in Title 30, Chapter 1 were renumbered into Title 81. Older articles and forms that cite Title 30 refer to the earlier numbering.

Void marriages under Utah law

Title 81, Chapter 2, Part 4 makes these marriages void when made in Utah; 81-2-407 sets the rules for marriages made in another state or country. Each Utah ground below is a ground for annulment under 81-4-302(1).

Close relatives (81-2-402)

The incest section lists marriages between a parent and child, an ancestor and descendant, brothers and sisters of the half or whole blood, an aunt or uncle and a niece or nephew, first cousins, and relatives within and not including the fifth degree of consanguinity, counted under the civil-law method.

First cousins have a narrow exception. Under 81-2-402(2), first cousins may marry if "(a) both parties are 65 years old or older; or (b) if both parties are 55 years old or older, upon a finding by the district court ... that either party is unable to reproduce."

Remarriage before a divorce is final (81-2-403(1)(c))

A divorced person may not marry someone other than the former spouse until "(i) the divorce decree becomes absolute; and (ii) if an appeal is taken, until after the affirmance of the divorce decree." A marriage made earlier is void.

Section 81-2-403 was amended effective May 6, 2026 (Laws 2026, chapter 155). The change was to wording: the opening phrase now reads "A marriage is prohibited and void if."

Underage marriage in Utah

Under 81-2-403(1)(b), a marriage is prohibited and void if the person marrying is under 18, with two exceptions in 81-2-403(2). A marriage of a person under 18 is not void if the person "(a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court authorization in accordance with Section 81-2-304; or (b) lawfully marries before May 14, 2019."

Marriages performed outside Utah follow a separate rule. Since May 6, 2026, 81-2-407(3) treats a marriage solemnized in another state or country in which a party was under 18 as invalid in Utah unless the minor was 16 or 17, the age difference was not more than four years, a parent or guardian consented, the minor entered the marriage voluntarily, and a court gave written authorization before the marriage.

Juvenile court authorization under 81-2-304 has its own limits:

• The judge or court commissioner "may not issue a written authorization for a minor to marry if the age difference between both parties to the marriage is more than four years."
• Authorization cannot issue "until at least 72 hours after the time at which the minor and the minor's parent or legal guardian file the petition for the written authorization."
• Both parties to the marriage must complete premarital counseling, which can be waived if it is not reasonably available.
• The court must find that the minor is marrying voluntarily and that the marriage is in the minor's best interest.

Section 81-2-304 was amended effective May 6, 2026 (Laws 2026, chapter 451).

Who can bring an age-based annulment

Section 81-4-303(1)(b) limits who may sue: "If one of the parties was under 18 years old at the time of the marriage, the other party, being of proper age at the time of the marriage, may not bring a petition for annulment against the party who was under 18 years old."

For an age-based petition, 81-4-303(3) also lets the court refuse the annulment if that is in the best interest of the parties or a child. If the court refuses, the marriage is valid for all purposes.

Common-law grounds

Section 81-4-302(2) allows annulment "upon grounds existing at common law" but does not list them. The Utah State Courts' self-help annulment page describes them as reasons that "come from decisions judges made in other cases before," including when:

• one spouse "lied or hid something important (like whether you have a physical or mental disability or have a felony record) that affects the marriage";
• one spouse "was physically forced or threatened to get married"; or
• one spouse "was not able to, or refused to," consummate the marriage.

That list is the courts' plain-language summary, not a statute. This page does not cover the Utah appellate decisions that define these grounds or any time limits or ratification rules that apply to them.

How to file for an annulment in Utah

Annulment cases are filed in district court. Under 81-4-303(1)(a), "When there is doubt as to the validity of a marriage, a party to the marriage may bring a petition for annulment to demand avoidance or affirmance of the marriage." A party can ask the court either to void the marriage or to confirm that it is valid.

Where to file. Under 81-4-303(2), "A petitioner may bring a petition for annulment in any county where the petitioner or respondent is domiciled." Sections 81-4-302 and 81-4-303 do not set a minimum period of residence. This page does not cover whether any other rule adds one.

Asking for divorce in the alternative. Under 81-4-102, "Nothing in this chapter shall be construed to prevent the filing of an action requesting an annulment or a divorce as alternative relief." A petition can therefore ask for an annulment or, in the alternative, a divorce.

Deadlines. Sections 81-4-302 and 81-4-303 do not state a filing deadline. This page does not cover whether case law limits the time to seek an annulment on a common-law ground.

The Utah State Courts annulment self-help page explains the annulment process.

Property, support and children after an annulment

Utah courts can sort out finances and children in an annulment. Under 81-4-303(4), "If the parties have accumulated any property or acquired any obligations subsequent to the marriage, if there is a genuine need arising from an economic change of circumstances due to the marriage, or if there is a child born or expected," the court may make temporary and final orders, and later modify them, "as may be equitable," on:

• the property and obligations of the parties;
• the support and maintenance of the parties and a child; and
• custody and parent-time for a minor child of the parties.

If the spouses agree how to divide their property, the Utah State Courts' property page notes that "the judge must review the agreement to be sure that it is fair." For child-related orders, see Utah child custody laws and Utah child support laws.

Children of a good-faith bigamous marriage. Under 81-2-409, when a marriage is void because a spouse was still married to someone else "and the parties entered into the marriage in good faith, a child of the marriage, who is born or conceived before the parties had actual knowledge that the marriage was void, shall be legally recognized as the child of the parties."

Premarital agreements. If a marriage is found void, 81-3-206 makes an agreement that would otherwise have been a premarital agreement "enforceable only to the extent necessary to avoid an inequitable result."

This page does not cover whether Utah recognizes a putative spouse (a spouse who married in good faith not knowing of a defect) beyond those two sections, or name restoration after an annulment.

What an annulment judgment does

Under 81-4-303(5), a judgment in an annulment case "(a) shall declare the marriage valid or annulled; and (b) is conclusive upon all persons concerned with the marriage."

Annulment vs. divorce in Utah

An annulment rests on a cause that existed at the time of the marriage (81-4-302); a divorce ends a valid marriage on the grounds in Part 4 of Chapter 4 of Title 81. For divorce grounds, residency and procedure, see Utah divorce laws.

A church annulment and a court annulment are separate processes.

Disclaimer: This article provides general legal information about annulment under Utah Code Title 81, verified on 2026-10-09. It is not legal advice. For advice about a specific marriage, consult a lawyer licensed in Utah or use the Utah State Courts self-help resources.

Related

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

Last updated: 2026-10-09.

Frequently Asked Questions

What are the grounds for annulment in Utah?

Utah Code 81-4-302 allows annulment when the marriage was prohibited or void under Title 81, Chapter 2, Part 4 (for example close relatives, an existing marriage, or an underage marriage without the statutory exception), or on grounds existing at common law, which the Utah courts describe as including fraud about something important, force or threats, and non-consummation.

How long do you have to live in Utah to get an annulment?

Sections 81-4-302 and 81-4-303 do not set a minimum residence period. Under 81-4-303(2), the petition may be filed in any county where the petitioner or respondent is domiciled.

Is there a time limit to annul a marriage in Utah?

Sections 81-4-302 and 81-4-303 do not state a filing deadline. Whether case law limits the time for a common-law ground is not covered on this page, so ask a Utah lawyer.

Can a 16-year-old get married in Utah?

Only with a parent's or guardian's consent and juvenile court authorization under 81-2-304; otherwise a marriage under 18 is void (81-2-403). The court may not authorize it if the age gap is more than four years.

Can you get alimony or child support in a Utah annulment?

Yes, in the circumstances listed in 81-4-303(4), the court may make equitable orders on property and debts, the support and maintenance of the parties and a child, and custody and parent-time.

Can first cousins marry in Utah?

Generally no; 81-2-402 makes first-cousin marriages void. The exceptions are when both are 65 or older, or both are 55 or older and a district court finds that either party is unable to reproduce.