At Ascent Law, LLC, we want to provide you with some things you need to know about a Utah Annulment (sometimes called annulment of marriage) is not the same thing as divorce (sometimes called dissolution of marriage, divorce, etc). In a dissolution, the marriage is ended by agreement, but as far as the law is concerned, the parties had a legal marriage, it is just over now. In Annulment, the marriage is voided, erased. Legally, the law has erased the marriage.
Unlike divorce, where the parties must agree on everything and file together, an Annulment can either be agreed OR contested. That means that the parties can either file together, or one person can file for annulment on his or her own.
Just like in divorce, there must be grounds for annulment in order for an Utah court to grant the annulment. The grounds for divorce in Utah are NOT the same as the grounds for Annulment. The most notable difference in the grounds is that in Annulment, the parties cannot simply agree that they are incompatible. There has to be some defect in the marriage that is serious enough that the law will allow the marriage to be erased instead of simply ended.
Even if grounds for annulment exist in your case, it doesn’t automatically mean you can file for annulment. Usually, it has to be the “aggrieved party”, meaning the person who was wronged, who files for the annulment. To learn more about who is the aggrieved party, read over the Utah Code or call our office to talk. In addition, there are time limits for annulment. In many cases, the person who was wronged must file within two years, but there are different time limits for different grounds for annulment.
Attorney for Annulment in Utah
Utah has a separate statute dealing with changing names after an annulment. In annulment cases, the court may, if it wants to, change the name of a person back to what it was before the parties married, even if neither of the parties requests the name change. This differs from the Utah divorce statute about changing the party’s name, which requires the consent of the parties to change a party’s name. This may be especially important in a case where the husband is the aggrieved party and he wants to have the court “take his name back” from the wife.
Utah law allows people to get restraining orders against the other person while an annulment case is pending, in order to prevent the other spouse from harassing or harming themselves or their children. The restraining orders can also prevent people from leaving the state with a child, selling or hiding assets, etc.
Even though the court may ultimately find the marriage to be invalid, the court may (but is not required to) make “temporary orders” of support while the annulment is pending. The court can also make orders regarding temporary custody while the case is pending. Temporary orders might be issued in a contested annulment case, but are almost never ordered in annulments that are filed jointly. This is probably because when the parties jointly file the annulment papers, they want the marriage to be over as soon as possible, and the case will not be open long enough for temporary orders to be needed.
Annulment in Utah may undo the marriage, but it does NOT undo the legitimacy of any children that were born during the marriage. The children still have the presumption of paternity that is afforded to children born during a marriage.
A court cannot award BOTH an annulment and a divorce (or legal separation, dissolution, etc.) If one party files for annulment and the other party counterclaims for divorce or legal separation, that does not mean that annulment is now off the table. The court must decide if there are grounds for an annulment. Even if there are grounds for annulment, some of the grounds for annulment are also grounds for divorce. The best policy is for the court to allow the aggrieved party their choice of remedy, assuming that party has met his or her burden of proof.
In annulment, unlike divorce or dissolution (and sometimes legal separation), there is no property division, and no spousal support after the marriage is annulled.
Free Initial Consultation with an Annulment Lawyer
When you need an Annulment in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC St. George Utah Office
Ascent Law LLC Ogden Utah Office
West Jordan, Utah
West Jordan, Utah
|Named for||Jordan River|
|• Mayor||Dirk Burton |
|• Total||32.33 sq mi (83.73 km2)|
|• Land||32.33 sq mi (83.73 km2)|
|• Water||0.00 sq mi (0.00 km2)|
||4,373 ft (1,333 m)|
|• Density||3,617.72/sq mi (1,396.88/km2)|
|Time zone||UTC−7 (Mountain (MST))|
|• Summer (DST)||UTC−6 (MDT)|
84081, 84084, 84088
|Area code(s)||385, 801|
|GNIS feature ID||1434086|
West Jordan is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City and has a mixed economy. According to the 2020 Census, the city had a population of 116,961, placing it as the third most populous in the state. The city occupies the southwest end of the Salt Lake Valley at an elevation of 4,330 feet (1,320 m). Named after the nearby Jordan River, the limits of the city begin on the river’s western bank and end in the eastern foothills of the Oquirrh Mountains, where Kennecott Copper Mine, the world’s largest man-made excavation, is located.
Settled in the mid-19th century, the city has developed into its own regional center. As of 2012, the city has four major retail centers; with Jordan Landing being one of the largest mixed-use planned developments in the Intermountain West. Companies headquartered in West Jordan include Mountain America Credit Union, Lynco Sales & Service, SME Steel, and Cyprus Credit Union. The city has one major hospital, Jordan Valley Medical Center, and a campus of Salt Lake Community College.
City landmarks include Gardner Village, established in 1850, and South Valley Regional Airport, formerly known as “Salt Lake Airport #2”. The airport serves general aviation operations as well as a base for the 211th Aviation Regiment of the Utah Army National Guard flying Apache and Black Hawk helicopters.
About West Jordan, Utah
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Reviews for Ascent Law LLC West Jordan, Utah
We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.
I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!
This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need. My sister needed bankruptcy and I needed divorce. Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!
Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.
I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with. They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most. When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.