Marital Annulment in Kentucky

Divorce Papers » Marital Annulment in Kentucky

Annulment in Kentucky is a legal declaration that a valid marriage never existed and thus the husband and the wife are free to remarry. However, it is not easy to get an annulment in the state of Kentucky. It is necessary to cite the grounds and prove them in front of the judge in order to get an annulment. Besides, contrary to the popular belief, the process of annulment is as time-consuming, costly and complicated as any legal process usually is.

In the state of Kentucky, the process of annulment is similar to the process of divorce. The petition needs to be filed, the grounds need to be cited, the proofs are submitted, they are verified by the court, a hearing is held and then the court reaches its final verdict that may or may not grant the annulment. Due to this uncertainty, the lawyers or even the courts usually advise the couples to opt for divorce instead of an annulment.

Grounds for Annulment in Kentucky:

In order to get an annulment in the state of Kentucky, the grounds need to be cited. However, these grounds are specified by the statute and they are limited. Besides, it is difficult to prove these grounds owing to the complexity of these grounds and difficulty in procuring the proofs. These grounds for annulment in Kentucky are as follows:

  • Mental Illness - According to the state law of Kentucky, a mentally unstable person is not allowed to marry so that no one can take advantage of the vulnerable person. Besides, a mentally unstable person is unable to take any responsibilities regarding household chores and other contributions which are necessary to make a marital relationship work.

    It is impossible to expect a mentally unsound person to behave in a socially acceptable manner. Besides, if they are on a medication, they may suffer from incidental bouts of violence which are dangerous for the people around them.

    The proof of a mental instability needs to be submitted to the court such as a medical certificate, the testimony of the therapist or any other documentation which proves that the person is indeed mentally unstable. If the court finds the conditions and the grounds do exist, the annulment can be easily granted after the verification.

  • Bigamous Marriage - Polygamy, polygyny, polyandry and any type of bigamous marriages are prohibited according to the state law of Kentucky. If a person finds out that their partner was married to someone else while they married each other, he / she can file for an annulment on the grounds of bigamy.

    The proofs of bigamy have to be submitted to the court in order to get an annulment. These could be anything from the documentation of the previous marriage such as the certificate, license or the photographs taken. Even the testimony of the previous spouse can act as the perfect proof for the bigamy.

    However, if the previous partner was believed to be dead while the couple got married, the court cannot grant an annulment as the marriage cannot be considered invalid. In such cases, the couple has to file for a divorce, which can be granted easily.

  • Underage Marriage - The legal age of marriage in the state of Kentucky is 18 years. People below this legal age of marriage are not allowed to marry unless there is a pregnancy involved. If there is no incidence of pregnancy, such a marriage is considered invalid and has to be annulled.

    The underage person does not have the necessary maturity to make a relationship such as a marriage work. Besides, they are not economically, mentally as well as socially ready to take the responsibility that comes with marriage. The possibility of divorce increases with the young age.

    The age proof of the underage partner is enough to get an annulment along with the marriage license and certificate. For a good measure, it is also a wise move to take a medical test determining the age of the individual.

  • Consanguinity - Marriage between blood relations is known as consanguinity. A harsher term for such marriages is incest. The marriages between parent - child, grandparent - grandchild, cousins, brother - sister, descendant - ancestor or any other relations, which have descended from the same blood line are considered as incestuous marriages.

    The relation proof between the partners has to be submitted to the court in order to get an annulment. However, proving this thing is very difficult as usually the couple enters a wedlock in a good faith fully aware of their connection with each other.

    However, even if the couple has entered the marriage in a good faith, an incestuous marriage has to be annulled as it is considered void ab initio.

  • Impotency - Inability to consummate the marriage can be the sole ground for annulment in the state of Kentucky. If either of the partner is unable to consummate the marriage due to physical or psychological reasons or disability, the other spouse remains dissatisfied and is entitled to file for an annulment.

    This does not mean that the person is unable to produce children (sterility), it means that he / she (usually male) is unable to perform the sexual act that reaches the climax, thus rendering the other person dissatisfied and frustrated.

    The proof of impotency is difficult to present due to the intricacies involved. The medical certificate and reports need to be presented, but the medical test cannot be conducted without the person's consent.

It is important to note that the petition for annulment must be filed within 90 days of marriage. In such a case, the couple returns to their pre-marital status and can remarry.

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