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Can you get an annulment in Kentucky?

If you are like most people whose marriage is falling apart, you likely want to know how you can quickly and easily end the union. You may have even considered getting an annulment. While annulments are fairly easy to obtain because they acknowledge that the marriage never happened, very few couples actually qualify for an annulment. Moreover, those who do qualify must apply for an annulment within a specified period of time, otherwise they too forego their right to an annulment.

According to FindLaw, the state of Kentucky will only grant an annulment if your marriage is void. Your marriage may be void if you or your spouse obtained the marriage through force or fraud or if you or your partner lacked the physical capacity for marriage. Physical incapacity refers to mental illness, impairment by drugs or alcohol or impotence.

The state may also declare your marriage void if one party was under 16 at the time of marriage and neither party obtained either parental consent or the court's permission. Additionally, the court may declare your marriage invalid if one party was over 16 but under 18 and both you and your spouse failed to endorse your marriage by moving in together once the underage party turned of age.   

The Kentucky courts also prohibit certain types of marriages. For instance, the state does not recognize marriages between first cousins or those between mentally disabled individuals. It also does not recognize bigamous or incestuous marriages. If minors get married without parental consent, the state will recognize the marriage as being void.

In addition to your marriage qualifying as a void marriage, you must also make sure to file for an annulment within a certain period of time. If you and your partner got married when one of you was underage, you must seek an annulment before you cohabitate together and after the underage party turns 18. If either party did not consent to the union because of physical incapacity, force or fraud, you must apply for an annulment within 90 days of discovering the indiscretion.

If you and your spouse are in a prohibited marriage, you have up to one year from the date of discovering that your marriage is prohibited to seek an annulment. This might occur if you married someone without realizing he or she was already married, or if you were adopted and you only just now realized that your spouse is your biological cousin.

The information in this post is for learning reasons only. You should not use it as legal advice.


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