§ 81-4-303 — Petition for annulment -- Venue -- Judgment on validity of marriage.

(1) (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.

Legislative History

Renumbered and Amended by Chapter 366, 2024 General Session