Utah Code 81-4-303. Petition for annulment — Venue — Judgment on validity of marriage
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(1)
Terms Used In Utah Code 81-4-303
- Child: means , except as provided in Section
81-6-101 , a biological or adopted child of any age. See Utah Code 81-1-101 - Court: means :(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section
78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Minor child: means , except as provided in Section
81-6-101 , a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101- Petitioner: means an individual who brings a petition for an annulment. See Utah Code 81-4-301
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Respondent: means the individual against whom a petition for an annulment is brought. See Utah Code 81-4-301
(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.(1)(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)
(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.
(3)(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:
(4)(a) the property and obligations of the parties;
(4)(b) the support and maintenance of the parties and a child, as defined in Section 81-6-101 , of the parties; and
(4)(c) the custody and parent-time for a minor child of the parties.
(5) A judgment in an action under this part:
(5)(a) shall declare the marriage valid or annulled; and
(5)(b) is conclusive upon all persons concerned with the marriage.