In Iowa, marriage can be annulled for the following reasons:

  • Where the marriage between the parties is prohibited by law
  • Where either party was impotent at the time of marriage.
  • Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party.
  • Where either party was a ward under a guardianship and was found by the court to lack the capacity to contract a valid marriage.

See Iowa Code Section 598.29

If the court grants the annulment, the marriage is dissolved from its inception, meaning that there was never a legal marriage.  This remedy may be important when the rights of the parties depend on the existence of a valid marriage.  The decision of whether to seek a dissolution or an annulment may have an impact on issues of property division and spousal support.

Call me if you have questions about an action for annulment.

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