Can I Get an Annulment in Utah If We Have Not Consummated the Marriage?

Annulment laws vary from state to state. What constitutes grounds for annulment in one state may not constitute grounds for annulment in a different state. That is one reason why there are misunderstandings and misconceptions about what circumstances need to be established to receive an annulment. In Utah, the statute does not mention "failure to consummate the marriage" as grounds for an annulment. Rather, the statute provides in Utah Code § 30-1-17.1(2), that an annulment may be granted on the “grounds existing at common law.” Utah case law holds that the failure or refusal to consummate the marriage is grounds to have a marriage annulled. See Haacke v. Glenn, 814 P.2d 1157, 1159 (Utah App. 1991) citing Rathburn v. Rathburn, 138 Cal. App. 2d 568, 292 P.2d 274, 277 (1956) (affirming judgment which annulled a marriage where a spouse intended not to consummate the marriage); See also Cahoon v. Peloton, 9 Utah 2d 224, 342 P.2d 94, 101 (Utah 1959) (Henriod, J., dissenting); Kelly v. Kelley, 9 P.3d 171, 184 (Utah App. 2000) (recognizing consummation as an essential element in a common-law marriage) (Jackson, J., dissenting). Therefore, if the court finds that the parties have not consummated the marriage, in Utah, that is grounds to have the marriage annulled. Moreover, in Utah, there are many other various grounds for which a marriage can be annulled. If you are considering an annulment, call the attorneys at SeegLawUtah. Oftentimes, we can get the marriage annulled without you even having to attend a court hearing.