Annulment in Kansas

Divorce Papers » Annulment in Kansas

Annulment in Kansas is a legal process nullifying the marriage. The couple implies that the marriage was void from the beginning or has become voidable due to some newly found reason or circumstances, which were not disclosed when the marriage took place. The Decree of Nullification officially wipes the marriage off the records and it is as if the couple was never married. The grant of annulment ensures that the couple returns to their pre-marital status and can remarry as the marriage was never valid.

Types of Marriage Eligible for Annulment in Kansas:

The annulment in Kansas can be granted to only two types o0f marriage. These types of marriage are as follows:

  1. Void Marriage - A marriage which is void right from it inception is considered as a void marriage. In this type of marriage, something important is amiss such as the free consent or the validity of the relationship between the husband and the wife or anything that renders a marriage invalid.

  2. Voidable Marriage - A marriage which is valid until it is declared as null and void is termed as a voidable marriage. The relationship is legitimate, the marriage is entered into good faith by at least one partner, but there is something which is hidden from a partner by the other one, which renders the marriage voidable after its discovery.

Grounds for Annulment in Kansas:

The grounds for the grant of annulment in Kansas are specified by the statute and need to be cited and proved with the help of exhibits and witnesses in front of the judge in the court. These grounds are specific and the grant of annulment solely depends on the judge.

Let us have a detailed look at these grounds for annulment in Kansas:

  • Fraud - If a person is lured into the wedlock under the false pretenses and promises, such a marriage is supposed to be induced by the fraudulent behavior and is thus considered as null and void. The spouse lies to another about the social status, income and other important things crucial to the normal functioning of a marriage.

    The fraud needs to be proved with the help of the witnesses such as the colleagues or neighbors and exhibits such as any documentation the wronged spouse may have come across while staying together.

  • Misrepresentation - A spouse hides his / her true identity from the person they are marrying to just to make them get on with the marriage. This could be for the sake of citizenship, to conceal one's sexuality for social approval, inheritance or for several other reasons which are important for a marriage to work.

    Hiding previous sex-change operation or responsibilities from a previous relationship also come under the misrepresentation section. However, this needs to be proved and one can use the medical reports or the immigrant certificate or any other documentation which may prove that the purpose of marriage was something else than love and the desire to be together.

  • Impotency - The inability to consummate the marriage due to physical incapacity or refusal to consummate the marriage can be a firm ground for filing for an annulment in the state of Kansas. The physical inability could be due to the temporary or permanent insanity, different sexual orientation, fetishism or other reasons, which render a person incapable of consummating the marriage.

    The refusal could be for hiding the fact that a person is inclined differently and married for the sake of social approval or if the marriage was sham and the other partner entered into it in good faith. However, these grounds need to be proved with the help of the doctors, colleagues or friends of the person who has cheated and lured the other one into the marriage.

  • Consanguinity - One is not supposed to marry one's blood relatives or the relatives that are related by marriage. Not only is it inappropriate, it also has physical complications for the future generations, that is the children born in such a marriage.

    If the couple unknowingly enters such a marriage, the marriage has to be annulled as soon as they find out about the relation they have with each other. Such a marriage cannot be considered valid and nothing can be done to make it so. Such a marriage will always be considered as incest and it would be trashed by the court.

    The proof of the couple's relations has to be submitted to the court. The consanguinity or affinity is the people who are descended from the same bloodline, the people who are joined by a marriage between two unrelated individuals and who have nothing in common.

  • Mental Disability - If either of the spouses are suffering from temporary or permanent mental illness, it is bound to render them incapable of normal functioning which is crucial to any marriage and for the well-being of the spouse and the children born to the marriage.

    The incurable insanity is one of the major grounds for the filing of annulment in the state of Kansas.

    The duration of marriage has nothing to do with the decision to grant an annulment in Kansas and one has to hire a professional attorney who specializes in the field of annulment so as to get the proper guidance regarding the annulment.

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