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Annulments in Kentucky
Both divorce and annulment end a marriage, but there are differences between them. Both require court proceedings, but after an annulment in Kentucky, legally the marriage simply never took place; it is retroactively voided. Divorce, on the other hand, recognizes that a marriage did exist but is now being terminated.
An annulment in Kentucky is granted only under specific circumstances. A party who does not qualify for an annulment may seek a no-fault divorce, which may be simpler and easier than an annulment, especially if the partners can agree about property division.
The full text of the law on annulment in Kentucky is in the Kentucky Revised Statutes, Title XXXV, Chapters 402-403.
While divorce is often used for marriages of long or short durations, annulment Kentucky is almost always used for marriages that have not lasted long.
Grounds for annulment of marriage in Kentucky include:
Some grounds for annulment have additional conditions, including:
Kentucky has a statute of limitations that applies to annulments. In the case of force, duress or fraud, the victim partner must file for an annulment within 90 days of finding out about the reason for the annulment. In the case of incest, bigamy or mental disability, he or she must file for annulment within a year of discovering this ground for the annulment.
In order to get an annulment of marriage in Kentucky, a party needs to file a petition for annulment, which is the legal paperwork for an order of annulment.
The filing spouse is called the petitioner; the other spouse is the respondent. The petitioner files in the circuit court for the county where either spouse lives. The petition for annulment must include both spouses’ names, addresses, dates of birth, occupation and how long each spouse has lived in Kentucky, the date of the marriage, whether any children were born from the marriage, and the legal ground supporting the annulment.
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