Reasons and Steps for Annulments in Kansas

Annulments of Marriages in Kansas

Most laws for an annulment of marriage in Kansas are located in Chapter 23 of the state’s revised statutes.  This article will reference multiple laws under Chapter 23 which are important to grounds for an annulment of marriage in Kansas.  

Specific Laws about Annulments of Marriages in Kansas

General provisions for annulments of marriages in Kansas are located in §23-2702 Grounds for annulment.  The law states the following:  

(a) “The district court shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud.” 

(b) “The district court may grant a decree of annulment of any marriage if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying of a contract of marriage.”

Generally, an annulment of marriage in Kansas may be declared if the relationship was incestuous, there was incurable impotency at the time of marriage, there was a mental illness that restricted the either party from knowing they were being married, either party was incapacitated at the time of marriage, or the wife was pregnant by another person at the time of the marriage without the knowledge of the husband.  

There are other grounds for an annulment of marriage in Kansas, such as two parties being too young to marry without the consent of parents.  In some cases, the marriage between two minors may be permitted if there is a child involved and the marriage would meet the best interests of the two parties.  

Steps for Annulments of Marriages in Kansas

An annulment of marriage in Kansas requires the following steps: 

1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Kansas, and you’ll have to file a complaint with the district court in which you reside.  You’ll have to contact your local district court in order to find information on what forms you’ll need to file, and you can reach a directory of district courts at the following link: https://www.kscourts.org/kansas-courts/district-courts/contacts.asp 

2. File the forms with the clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary orders for child support, spousal support, or other issues within annulments of marriages in Kansas.    

3. Serve the forms to the other party: you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.   

4. Set up a court hearing: all annulments of marriages in Kansas must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.  If either party misrepresented their age, a court may not always grant an annulment in some cases.  

What are the Grounds for an Annulment of Marriage in New Jersey?

Similar to a divorce, an annulment of marriage in New Jersey ends a marriage. Dissimilar to a divorce; however, an annulment of marriage in New Jersey reverses the marriage, making it as though the marriage never took place or existed. A New Jersey resident may choose to seek an annulment of marriage in New Jersey instead of a divorce for one of the following reasons: 

• Financial: New Jersey Courts will typically not award alimony for Annulments of Marriage in new Jersey

• Social: An annulment of marriage in New Jersey will not carry the same social stigma as a divorce proceeding

• Religious: Many religions frown upon divorce, making annulments of marriage in New Jersey the more desirable route. 

While a number of couples seek an annulment of marriage in NJ, there are only a handful of circumstances in which an annulment of marriage in New Jersey may actually be administered. To be eligible for an annulment of marriage in New Jersey, the couple must prove to the court there is some type of material misrepresentation or fraud to the core or essentials of the relationship. 

The following are the only permissible grounds for an annulment of marriage in New Jersey:

Annulment of Marriage in NJ Based on Duress: A couple may file for an annulment of marriage in New Jersey if a threat of serious violence causes a couple to become unmarried. In this instance couples may file for annulments of marriage in New Jersey. An example of duress would be if a husband threatens to murder his wife or one of her family members.

Annulment of Marriage in NJ Based on Bigamy: A couple may seek an annulment of marriage in New Jersey if a spouse has another living spouse at the time the major was finalized. This ground for an annulment of marriage in New Jersey requires a spouse to be unaware of their spouse’s existing marriage at the time of the marriage. Additionally, when a spouse files for an annulment of marriage in New Jersey, they must be able to prove that the marriage was actually real. Bigamy is a criminal offense in the state of New Jersey.

Annulment of Marriage in NJ Based on Nonage: No individual under the age of 18 possesses the legal right to consent to a marriage. Therefore, any marriage affirmed between one or two spouses below the age of 18 is deemed void and thus eligible for annulments of marriage in New Jersey at any juncture.

Annulment of Marriage in NJ Based on Impotence: If a spouse is impotent at the time of the marriage and the condition was not revealed or conceded, a filing spouse can be granted an annulment of marriage in New Jersey. This grounds for annulments of marriage in New Jersey occurs when a spouse is either unable to consummate the union be engaging in sexual relations or refuses to do so. In addition to impotence, an annulment of marriage in New Jersey may be sought if the wife conceals from her husband that she is unable to birth children. 

Annulment of Marriage in NJ Based on Incapacity: An annulment of marriage in New Jersey may be processed if there was no informed consent at the time of marriage. A marriage can be annulled, if a spouse lacks the mental ability or capacity to understand that they are married. Incapacity often occurs when one—or both—of the spouses are severely inebriated and decide to get married on a whim. 

Annulment of Marriage in NJ Based on Incest: An annulment of marriage in New Jersey will be granted if a spouse marries a blood relative

Annulment of Marriage in NJ Based on Fraud: Any mistruth or misrepresentation that alters a marriage may be deemed fraud. The most common types of fraud occur when: 

• Annulment of Marriage in NJ may be granted if one of the spouses lies about their lack of desire or desire to have children

• Annulment of Marriage in NJ may be granted if One of the spouses is an illegal immigrant and only goes through with the marriage for citizenship purposes

• Annulment of Marriage in NJ may be granted if One of the spouses lies about being addicted to alcohol or drugs

• Annulment of Marriage in NJ may be granted if One of the spouses misrepresents their religious beliefs, which at the time, was a major factor in the couple’s union

• Annulment of Marriage in NJ may be granted if The wife fails to advise her husband at the time of the marriage that she is currently pregnant from another man

In the majority of cases annulments of marriage in New Jersey are granted when there is a short marriage and few debts and assets have been jointly accumulated. Because annulments of marriage in New Jersey treat the marriage as if it never existed, the court will not engage in a division of marital property or assets. That being said, a division of property may occur based on general contact laws. During annulments of marriage New Jersey, the local courts possess the ability to award child custody and alimony to one of the participating spouses. 

How to File for an Annulments of Marriage in NJ:

New Jersey family courts will decree a marriage as null and void if one of the above grounds is proven. The new Jersey Family Court maintains jurisdiction over every annulment case filed within the state. Unlike divorce cases, there are no residency requirements to file for an annulment of marriage in New Jersey, so long as one of the parties is a bona fide resident of the state at the time the action commences. 

Please follow the below steps for an annulment of marriage in New Jersey:

• To receive an annulment of marriage in NJ, you must first confirm the facts of your case; to receive an annulment of marriage in NJ your case must meet one of the above listed statutory grounds for annulment. If your case does not meet one of these needs, the courts may not grant you an annulment of marriage in New Jersey. 

• Prepare a formal complaint alleging the ground for an annulment of marriage in New Jersey. Download your local family court’s complain form and list the facts of your case to prove to the system why you are entitled to receiving an annulment of marriage in New Jersey. 

• Complete the civil case information form. This sheet provides the court a summary of the basic information of your marriage and your request for an annulment of marriage in New Jersey. This form identifies the spouse’s names, their contact information and basic information of the case. The form may be downloaded at the New Jersey judiciary website, located here.

• Next, to receive an annulment of NJ, you must file your complaint at your local Superior Court. The filing fee for annulments of marriage in New Jersey is currently $200. When filing the complaint, bring two copies of the civil case information sheet and the original complaint form. 

• After the above steps are fulfilled you must formally your spouse. The courts will provide you with a Track Assignment Notice and a stamped copy of your papers. You are required to prepare a summons and serve it with a copy of the above documents to your spouse. You should hire a process server to deliver the forms to your spouse. This professional will also prepare an affidavit of service. File this affidavit with the local court as proof that your spouse was formally served. 

What is an Annulment?

An annulment is a unique way to end a marriage. Dissimilar to a divorce, an annulment views the marriage as non-existent; an annulled marriage, in the eyes of the law, never took place. The annulment erases the marriage, making it void. In simple terms, couples file for an annulment of marriage in Virginia to state that it was never valid when it was affirmed. 

An annulment of marriage in Virginia is a legal maneuver; the state recognizes and grants annulments. However, to attain an annulment of marriage in Virginia, the filing partner(s) must meet certain conditions. 

How Do I Qualify For an Annulment of Marriage in Virginia?

To qualify for annulments of marriage in Virginia, one of the following conditions must be met:

• To receive an annulment of marriage in VA, there must be some sort of defect in the marriage

• To receive an annulments of marriage in VA The marriage must have involved some kind of fraud 

• To receive an annulment of marriage in VA one of the spouses (parties) must have withheld important information from the other party. For example, one of the spouses lied about being actively married or lied about impotence/the inability to have children.

Examples of Defects that would lead to an Annulment of Marriage in Virginia:

In addition to the above, for the purpose of receiving annulments of marriage in Virginia, a marriage is considered to be defected if there was a serious error at the time of the wedding ceremony. Examples of defects that will lead to annulments of marriage in Virginia include:

• The individual officiating at the wedding ceremony was not legally qualified to do so

• The marriage license was not valid

• One of the parties was married to someone else at the time of the marriage

• One or both of the parties was too young to legally marry

• One or both of the parties hid valuable information pertaining to mental illness or addiction

Examples of Fraud in the Marriage:

Fraud is another reason for annulments in Virginia to be granted. If you are attempting to prove fraud, you must prove that:

• To prove fraud and secure an annulment of marriage in VA: Your spouse, through the creation of some ruse, severely misled you

• To prove fraud and secure an annulment of marriage in VA you must show that the misrepresentation was ultimately intentional

• To prove fraud and secure an annulment of marriage in VA, you must show that you suffered damage because of this action

• To prove fraud and secure an annulment of marriage in VA you must demonstrate that you fully trusted your spouse

Withholding of Information:

The last reason for annulments of marriage in Virginia includes withholding of crucial information before the wedding takes place. The information—to be granted an annulment of marriage in Virginia—must be significant and disclosure of this information must cause extreme rifts in the relationship. Some examples that may lead to annulment of marriage in Virginia include:

• An annulment of marriage in VA will be upheld if a spouse withheld information concerning Felony convictions or a criminal history

• An annulment of marriage in VA will be upheld if a spouse withheld information concerning Impotence

• An annulment of marriage in VA will be upheld if a spouse withheld information concerning Pregnancy outside of the marriage within 10 months of the wedding date

If you believe you have a solid reason for an annulment of marriage in Virginia (based on the above criteria) you must contact an annulment or divorce attorney who specializes in family law. 

How to Obtain a Marriage Certificate in Missouri

Marriage certificates in Missouri are a legal issue. Your everyday marriage certificate in MO is a legal contract. So it would stand to reason that certain steps need to be taken in order to get that marriage certificate in Missouri.

The Steps and Requirements for Obtaining a Certified Marriage Certificate in Missouri

It needs to be understood that there are certain sections you must explore to determine where you fall under. Three sections, actually:

1. A Marriage in Missouri

2. A Marriage Outside of Missouri

3. A Marriage Outside of the United States (But a Resident of Missouri)

It’s important to know exactly how this works in regards to a marriage certificate in MO.

Getting a Copy of That Marriage Certificate in Missouri When Married in Missouri

Now if you were married in Missouri and would like to get a copy of that marriage certificate in Missouri, all you would need to do is contact the Recorder of Deeds in the county where your marriage license was issued. When obtaining marriage certificates in Missouri, it’s especially crucial, because all documents are organized by county. Pay attention to which county you were married in if wanting another copy of the marriage certificate in Missouri, and be sure to visit the Recorder of Deeds for that particular county.

If Married in Another State, Here’s How You Get Marriage Certificates in Missouri….

Obviously, it would stand to reason that you won’t find that marriage certificate in MO in the office of the Recorder of Deeds. No problem, though. Simply contact the office in the county of the state you were married in.

Thankfully, though, you don’t actually have to visit the office. Simply call the office and request a certified copy be sent to you.

And If Married Outside the U.S.?

Specifically, it’s important that you know you must be living in Missouri, first of all. Whatever county you reside in within Missouri, though, you must simply present your non-U.S. marriage certificate to the Recorder of Deeds and have it recorded as a legal document, proving that you’re indeed married.

From then on, it’ll be an established document you can always go back to for copies. If you move, however, that document still resides within the county recording the actual marriage certificates in Missouri.

Are There Any Necessary Requirements for Obtaining a Marriage Certificate in MO?

Yes. You will need….

1. Valid Identification

2. Proof of Residency

3. Proof of Being Unmarried or Legally Divorced

4. A $58 Fee

5. Legal Age

6. Proper Officiant

7. No Consanguinity

8. No “Common Law”

9. No Same-Sex

10. No Proxy

11. No “Covenant” Marriage

Now, of course, the last five specify that there is no requirement in the state for any of these issues in regards to obtaining the marriage certificate in MO. In other words, if a couple does have a “Common Law” marriage, or a “same-sex” marriage, they can still obtain marriage certificates in Missouri as long as the first six requirements have been established.

That is to circumvent any confusion as to what constitutes a ‘legal’ marriage and whether or not an ‘illegal’ marriage prohibits a couple from obtaining a copy of a marriage certificate in the state.