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Can my husband annul the marriage if I was underage?

Can my husband annul the marriage if I was underage?

Full question:

I live in Minnesota with my husband. We are 16 and 21 years old respectively. He was unaware about my age when we got married. We even made love a couple of times after which he got to know about my age. Now he wants to annul our marriage. Is it possible?

Category: Marriage
Subcategory: Minor
Date: 04/07/2025
State: Minnesota

Answer:

No, in Minnesota, an annulment may not be granted if one spouse was under the age of majority and the parties have freely cohabited as husband and wife after having attained such age.

Per Minnesota Statute §518.04:

“No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it appears that the parties had voluntarily cohabited together as husband and wife after having attained such age; nor shall the marriage of any person who lacks the mental capacity to make decisions be adjudged void after restoration to reason, if it appears that the parties freely cohabited together as husband and wife after such restoration.”

Therefore, your husband cannot annul the marriage on the ground that you were under the age of legal consent per Minn. Stat. §518.04.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

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