Annulment Attorney Kansas City

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When a marriage ends, most people assume divorce is the only option. In certain circumstances, however, the law allows a marriage to be declared invalid through an annulment: a distinct legal process with its own standards and implications. Determining whether an annulment is appropriate requires a careful evaluation of the facts and applicable law. A Kansas City annulment attorney at Joseph, Hollander & Craft can help assess your situation and guide you through the process.

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What Is an Annulment?

A divorce recognizes that the marriage was legitimate, but then terminates it. By contrast, an annulment is a court declaration that the marriage is not legally valid.

A legally valid marriage in Kansas must meet the following requirements:

• The couple must obtain a marriage license from the county clerk. There is a 3-day waiting requirement once they obtain the license before they can marry.
• The ceremony must be performed by a judge, minister, or some other officiant. At least two witnesses are usually required.
• Both individuals must be 18 years or older and have a birth certificate to verify it. If either or both is aged 16 or 17, they must have parental consent and sometimes court approval. Judicial approval is mandatory if either individual is under age 16.
• Both individuals must have the capacity to consent. That means they understand what a marriage is and are not subject to a mental illness, intoxication, or something else that would impair their capacity.
• Neither individual can currently be legally married to someone else.
• The parties cannot be close relatives, such as parent/child, grandparent/grandchild, and siblings and half-siblings.
• Both individuals must freely and voluntarily consent to be married. There should be no evidence or force or threats from anyone to obtain the marriage.

These requirements are roughly the same for Missouri, but with a couple of notable exceptions: there is no waiting period once the couple obtains a license, and no one under the age of 16 may be married for any reason, regardless of parental consent.

An invalid marriage is one that does not meet the legal requirements for a valid marriage under Kansas law. These marriages fall into two categories:

• A void marriage is never legally valid from the outset and is treated as though it never existed.
• A voidable marriage, by contrast, is considered valid unless and until a court determines that it should be set aside.

Is a Religious Annulment the Same as a Legal Annulment?

No, a religious annulment is different in terms of its basis and effect. This means the government will not recognize a religious annulment, and the spouses still have to obtain a legal annulment before they can legally remarry.

Annulment vs. Divorce: Choosing the Right Option for You (8.1K/17)

Annulment treats a marriage as if it never happened. In general, and unlike a divorce, neither spousal support nor property division is awarded. As for property, the judge will essentially try to return the spouses to the positions they were in prior to the marriage.

Even with an annulment, courts can still decide child support, child custody, and parenting time matters. The reason is simple: the children had no say in the void or voidable marriage taking place, and should not be harmed by an annulment.

Divorce, on the other hand, allows either spouse to seek the full relief that comes with the ending of a marriage. This means a divorcing spouse can ask for:

• Spousal support (temporary and permanent)
• Property and debt division (equitable distribution)
• Child support
• Child custody and parenting time

When is an annulment preferable to a divorce?

It’s important to understand that most people do not qualify for an annulment, because proving it requires showing that the marriage is somehow invalid. An annulment is preferable, however, if the marriage is void or voidable, because it basically erases the marriage entirely. A person whose marriage is annulled can correctly say they were never legally married.

A divorced person cannot say this. Divorce is the correct option if the marriage cannot be annulled and either spouse wants alimony and/or property and debt division. If you are unsure whether annulment or divorce is better for you, talk to our family law attorney.

Grounds for Annulment in Kansas City, Missouri

Missouri has two broad grounds for an annulment: the marriage must either be void or voidable. As mentioned above, a void marriage is one that was never legally valid to begin with, while a voidable marriage is valid unless a court declares it invalid. Here are the more specific grounds that a spouse may allege under both categories:

Void

A void marriage in Missouri is one involving:

• Bigamy: A spouse was already legally married to someone else at the time of the marriage for which the annulment is sought.
• Incest: A marriage of two close relatives, such as parent/child or siblings.
• Common law marriages: Missouri does not recognize these, so they are void.

Voidable

The court can annul these marriages for:

• Lack of capacity: Either spouse didn’t understand the nature of the marriage. A lack of capacity can be due to mental illness, intoxication, or some other factor.
• Fraud or misrepresentation: Not minor lies, but those that strike at the heart of the marriage itself such as living under a fraudulent identity.
• Force, duress, or threats: Evidence that one spouse forced the other to marry, or that some third party did so.
• Underage marriage without proper consent: If a spouse can prove they didn’t meet the age requirements listed above and did not have parental or judicial consent to marry.
• Impotency: Under limited circumstances, a spouse who can show that impotency is incurable, permanent, and was unknown at the time of marriage can have it annulled.

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Grounds for Annulment in Kansas City, Kansas

Kansas largely follows the same rules as Missouri, except that the state recognizes common law marriages so they are not void. These are the categories of both void and voidable marriages in Kansas:

• Void: Bigamy and incest.
• Voidable: Lack of capacity; fraud or misrepresentation; force, duress, or threats; underage marriage without proper consent; impotency (in limited cases).

How Do You Annul a Marriage in Kansas City?

Assuming your marriage is either voidable or void and you wish to have it annulled, you must follow these basic steps:

Filing for Annulment in Missouri Courts

First, you must confirm that you have legal grounds to annul the marriage, and that at least one spouse has resided in Missouri for at least 90 days. Then, you can file a petition for annulment. You must file the petition in the circuit court where either you or your spouse resides. The petition will:

• Identify the spouses
• Include the date and location of the marriage
• State the grounds for the annulment
• Name any children born of the marriage

The petition must be served to the other spouse in accordance with civil procedure rules. This gives them a chance to contest the annulment.

The court will conduct a hearing to receive evidence and arguments for and against the annulment. If the court believes there are sufficient grounds to annul the marriage, it will issue an Order of Annulment. The judge can also address child custody and child support.

Filing for Annulment in Kansas Courts

Filing for an annulment in Kansas is almost exactly the same:

• Confirm that you (as the petitioner) have grounds to annul the marriage.
• File a petition for annulment in district court.
  • Unlike in Missouri, Kansas does not have a codified residency requirement to petition for annulment.
• The petition is served to the other spouse.
• The court will hold a hearing and receive evidence and arguments from the spouses.
• The court will issue an Order of Annulment declaring that the spouses were never legally married. The judge can also order child custody and child support terms.

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What Happens During Annulment Proceedings

Whether you are seeking an annulment or challenging one, you must have compelling evidence in your favor. In general it is easier to prove a void marriage since, for instance, one spouse could provide a marriage certificate proving the other spouse was still married. Voidable marriages can be more challenging to annul. Either way, you should be prepared to present such evidence as:

• A marriage certificate or other government record (void marriage based on bigamy)
• Birth certificates, DNA tests, and sworn statements from family members (void marriage based on incest)
• School records
• Communications such as emails, text messages, or letters
• Eyewitness testimony
• Fertility test results
• Therapy notes, doctors’ notes, and medical records
• Police reports
• Court documents
• Psychiatric evaluations

How Long After Marriage Can You Get an Annulment? 590/16

Technically, you can seek any annulment at any time. However, it may be more challenging if you delay. If a couple either continues the marriage (for example, after the alleged force or coercion subsides) or otherwise delays seeking an annulment, a judge may refuse to annul the marriage on the grounds that the couple has ratified it.

Note that this time consideration does not apply to void marriages, since they are never valid anyway. One spouse could find out years later, for instance, that their spouse is still legally married and then ask the court to annul it.

What Happens After a Marriage Is Annulled?

An annulled marriage is treated as if it never existed. This means that in most cases spousal support (alimony) and property division are not available. Of course, there are some limited exceptions.

For example, a judge may require a spouse to pay temporary spousal support during the annulment proceedings to avoid causing financial hardship. In rare cases, if a spouse somehow benefitted financially from the marriage, the judge may order the other spouse to pay a form of restitution. But this is not spousal support in the traditional sense.

Equitable distribution does not apply to annulments, so there is no property division. The court is more interested in reversing the spouses’ financial entanglements and returning them to the position they were in before the marriage. A court can also take steps to avoid unjust enrichment, similar to the restitution mentioned above. But again, this is not the same as equitable distribution.

Child support and child custody must still be addressed, just as they are in divorce.

Speak With a Kansas City Annulment Lawyer

Whether you are seeking or opposing an annulment, speak with the Kansas City marriage annulment attorneys of Joseph, Hollander & Craft. We also have offices in Lawrence, Overland Park, Topeka, and Wichita. Get started by contacting us today.