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Kansas Annulments
Annulments in Kansas

General provisions for annulments of marriages in Kansas are located in 23-2702, which is also numbered Statute 60-1602: Grounds for annulment.

The law states:

  • The district court shall grant a decree of annulment of any marriage for either of the following grounds:
    • The marriage is void for any reason; or
    • the contract of marriage is voidable because it was induced by fraud.
  • The district court may grant a decree of annulment of any marriage if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying rescission of a contract of marriage.

Grounds

Here are the annulment grounds in Kansas:

  • The marriage is void for any reason. For example, if one spouse is already married or is not yet old enough to consent to marriage, or the spouses are so closely related as to make the marriage incestuous, the marriage is legally void and may be annulled.
  • The marriage is voidable because it was induced by fraud. For example, if one partner lied about the ability to have children, and children were important to the other spouse's decision to marry, a court may annul the marriage.
  • The marriage was induced by mistake of fact, lack of knowledge of a material fact, or any other reason justifying rescission of the marriage contract.

Generally, an annulment of marriage in Kansas may be declared if the relationship was incestuous, there was incurable impotency at the time of marriage, there was a mental illness that restricted either party from understanding marriage, either party was incapacitated at the time of marriage, or the wife was pregnant by another person at the time of the marriage without the knowledge of the husband.

Procedure

Kansas does not require either party to reside in the state for a certain period of time to file for annulment. Once the petition for annulment is filed, there is no mandatory waiting period before the court grants an annulment. However, the other spouse may challenge the annulment, which may result in a longer process.

The spouse filing for annulment is the petitioner; the other spouse is the respondent. The petition for annulment must stipulate the grounds for annulment and states the name, birth date, and address for both spouses as well as the date of the marriage, and the name and birth date for children, if any. The petition also states whether or not the petitioner needs temporary support for himself or herself or any children.

Additional forms must be completed to establish temporary orders for child support, spousal support, or other issues within annulments of marriages in Kansas.

At a hearing the petitioner explains the reasons the marriage should be annulled. If the court accepts the argument, the judge signs an order annulling the marriage.

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