Utah Marriage Laws | § 81-4-303 | Petition For Annulment Venue Judgment On Validity Of Marriage. Marriage Laws

Utah Code 81-4-303

Petition for annulment -- Venue -- Judgment on validity of marriage.

[Section 30-1-17 Renumbered] §81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.

(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.

(b) 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.

(2) A petitioner may bring a petition for annulment in any county where the petitioner or respondent is domiciled.

(3) (a) If a petition for annulment is filed upon the ground that one or both of the parties were prohibited from marriage because of the age of the parties, the court may refuse to grant the annulment if the court finds that it is in the best interest of the parties, or a child of the parties, to refuse the annulment.

(b) The refusal to annul under Subsection (3)(a) makes the marriage valid and subsisting for all purposes.

(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 subsequently modify the orders, as may be equitable, in regards to:

(a) the property and obligations of the parties;

(b) the support and maintenance of the parties and a child, as defined in Section 81-6-101, of the parties; and

(c) the custody and parent-time for a minor child of the parties.

(5) A judgment in an action under this part:

(a) shall declare the marriage valid or annulled; and

(b) is conclusive upon all persons concerned with the marriage.

Amended by Chapter 300, 2019 General Session; Renumbered and Amended by Chapter 366, 2024 General Session

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More Utah Marriage Laws

§ 81-2-202 Premarital counseling or education -- State policy -- Applicability.
§ 30-1-2.2 [Repealed] Validation of interracial marriages.
§ 81-2-405 Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
§ 81-2-302 Marriage licenses -- Use within state -- Expiration.
§ 81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.
§ 81-2-407 Validity of foreign marriages -- Exceptions.
§ 81-2-102 Marriage recognition policy.
§ 81-2-402 Incestuous marriages void.
§ 81-2-203 Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
§ 81-2-305 Who may solemnize marriages -- Certificate.
§ 81-2-303 Application for license -- Contents
§ 30-1-11 [Repealed] Return of license after ceremony -- Penalty for failure to return -- Criminal penalty for false statement.
§ 81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.
§ 30-1-17.2 [Repealed] Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.
§ 30-1-17.3 [Repealed] Age as basis of action to determine validity of marriage -- Refusal to grant annulment.
§ 30-1-5 [Repealed] Marriage solemnization -- Before unauthorized person -- Validity.
§ 81-2-406 Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.
§ 30-1-3 [Superseded] Marriage in belief of death or divorce of former spouse -- Issue legitimate.
§ 81-2-403 Marriages prohibited and void.
§ 81-2-404 Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
§ 81-2-304 Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
§ 81-4-102 Action for annulment or divorce as alternative relief.
§ 30-1-9.1 [Repealed] Parental consent to prohibited marriage of minor -- Penalty.
§ 30-1-13 [ Repealed ] Solemnization without license -- Penalty.
§ 81-2-306 County clerk to file license and certificate -- Designation as vital record.
§ 30-1-15 [Repealed] Solemnization of prohibited marriage -- Penalty.
§ 30-1-16 [ Repealed] Misconduct of county clerk -- Penalty.
§ 81-4-302 Annulment -- Grounds.
§ 81-2-204 Master plan for counseling.
§ 30-1-14 [ Repealed ] Acting without authority -- Penalty.
§ 81-2-205 Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
§ 81-2-206 Completion of counseling or education.
§ 81-2-207 Persons performing counseling services designated by board -- Exemption from license requirements.
§ 81-2-201 Definitions for part. (Premarital Counseling)
§ 81-2-208 Confidentiality of information obtained under counseling provisions.
§ 81-2-209 Fee for counseling.
§ 81-2-409 Legal recognition of a child when marriage is void.
§ 81-2-401 Definitions for part.
§ 81-1-101 Definitions for title.
§ 81-2-301 Definitions for part.
§ 30-1-10 [Repealed] Affidavit before the clerk -- Penalty.