Guide to Annulment of Marriage in Kentucky
In the state of Kentucky, there are three ways a marriage may legally end. Death of a spouse automatically terminates a marriage, and divorce can also result in a marriage's end. The third way to end a marriage is significantly less common: annulment of marriage in KY is granted only under very specific circumstances, and requires spouses to prove that one of those circumstances is true. This guide will teach you about the grounds for annulment of marriage in Kentucky, as well as the differences between annulment and divorce.
Divorce vs. Annulment of Marriage in Kentucky
While both divorce and annulment will end a marriage, there are differences between divorce and annulment of marriage in KY. Both require court proceedings, but after an annulment of marriage in Kentucky, legally the marriage simply never took place—it is retroactively voided. Divorce, on the other hand, recognizes that a marriage did exist but is now being terminated. While divorce is often used for marriages of long or short durations, annulment of marriage in KY is almost always used for marriages that have not lasted long.
Grounds for Annulment of Marriage in Kentucky
In order to obtain an annulment of marriage in KY, you must show that you have legal grounds for the annulment. Currently, there are several grounds for annulment of marriage in Kentucky, including:
ñ The marriage only took place because one party was forced to marry or defrauded into marrying.
ñ If a marriage is incestuous (this includes first cousins), it constitutes grounds for annulment of marriage in KY.
ñ If a party has been judged to be mentally disabled, they may petition for annulment of marriage in Kentucky.
ñ If one party already has a living husband or wife and has not completed divorce proceedings against their spouse, this is considered bigamy and is grounds for annulment of marriage in KY. Even if the party to the marriage is separated or has been separated for some time, a marriage is still considered bigamous unless divorce proceedings have been completed fully.
ñ In some cases, marriages of minors may also be eligible for annulment of marriage in Kentucky. This can happen if there was no cohabitation once the minor reached the age of majority.
Procedure for Annulment of Marriage in Kentucky
In order to get an annulment of marriage in KY, you will need to file a petition for annulment. This petition can be somewhat complicated, and in order to understand whether you are likely to be given an annulment of marriage in Kentucky, you may want to consult with a divorce attorney. In order to be granted an annulment of marriage in KY, you will need to show not only grounds for annulment, but also that you brought your annulment petition within 90 days of finding out about the grounds.
If you do not qualify for an annulment of marriage in Kentucky, you may still seek a no-fault divorce. In some situations, divorce may be substantially simpler and easier than filing an annulment petition, especially if you and your spouse do not have many substantial disagreements about marital assets.