Marriage is a sacred bond between two people who wish to spend the rest of their lives together. However, sometimes things don’t work out the way we plan, and marriages end in separation or divorce. In Kansas, a couple who wishes to end their marriage can also pursue an annulment. This article will explain what annulment is and when a marriage can be declared null and void in Kansas.
What is Annulment?
Annulment is a legal process to declare that a marriage never existed. Unlike divorce, an annulment nullifies the marriage, making it as though it never happened. An annulment is not the same as divorce, and it follows a different legal process. In most cases, annulments are sought when people discover that their marriage was illegal or invalid from the beginning.
Grounds for Annulment in Kansas
Under Kansas law, a marriage can be annulled by a court if certain circumstances exist. The most common grounds for annulment in Kansas are:
Age Requirements
In Kansas, the minimum age to marry is 18. If one or both parties are under the age of 18, the marriage can be annulled. However, if the minor has received permission from their parents or guardians, the marriage may be valid. If either party is under the age of 16, the marriage is void and invalid.
Mental Incapacity
If one or both parties lack the mental capacity to understand the legal consequences of marriage, the marriage can be annulled. This may include individuals who are mentally ill or who were under the influence of drugs or alcohol at the time of the marriage.
Force or Duress
If one or both parties were forced or coerced into getting married, the marriage can be annulled. This may include instances where one party threatened or intimidated the other into getting married.
Fraud
If one party deceived the other into entering into the marriage, the marriage can be annulled. Fraud may include misrepresenting one’s identity, financial status, or citizenship status.
Impotence or Sterility
If one party is unable to engage in sexual relations or unable to have children, the marriage may be annulled. However, the party seeking the annulment must prove that they were unaware of this condition at the time of the marriage.
Bigamy
If one party was already married at the time of the marriage, the marriage is considered void and invalid. The second marriage can be annulled.
How to File for Annulment in Kansas
If you wish to file for an annulment in Kansas, you must file a Petition for Annulment with the District Court in the county in which you or your spouse resides. You must provide evidence that the marriage is invalid based on one of the grounds listed above. You may also need to provide affidavits, documentation, and other evidence to support your claim.
The court will review your petition and schedule a hearing. The hearing is an opportunity for the court to hear evidence and testimony from both parties and make a decision about whether to grant the annulment. If the court grants the annulment, the marriage is considered null and void from the beginning.
Conclusion
Annulment is a legal process that can be used to declare that a marriage never existed. In Kansas, there are several grounds for annulment, including age requirements, mental incapacity, force or duress, fraud, impotence or sterility, and bigamy. If you wish to file for an annulment in Kansas, you must file a petition with the District Court and provide evidence to support your claim. If the court grants the annulment, the marriage is considered null and void from the beginning.