What r grounds for annaulments?
2 attorney answers
I have agreed with Mr. Nelson.
As a practical matter, in Kansas, the difference between a divorce and an annulment is that you have to wait 60 days after the petition is filed before you can get a divorce, but an annulment can be granted the same day as the petition is filed.
Because annulments continue to carry a taint of scandal, unless you can prove that the marriage was a fraud (such as to get a green card, see In re Marriage of Kidane & Araya, 53 Kan.App.2d 341, 389 P.3d 212 (2017), a copy of this opinion is available on the web at: http://www.kscourts.org/Cases-and-Opinions/Opinions/CtApp/2017/20170113/20170113.htm click on 114986) it is difficult to get an annulment without the agreement of the other party to the marriage.
Because a divorce is so easy in Kansas, annulments are not filed as often as they could be. The most basic ground for an annulment (other than fraud) is that there was "no meeting of minds upon the material terms of the contract." That means that something was important to you. You believed that your intended spouse agreed with you, but your intended spouse did not agree or simulated his/her agreement.
You may be thinking of a church annulment. If you are Roman Catholic or a member of an Eastern Church in communion with the Roman Catholic Bishop of Rome, or wish to marry a Roman Catholic you will need a church annulment. You would do that after you receive a divorce or annulment from a state court.
You may have grounds for a state court annulment. However, if you are representing yourself it is a lot easier to get a divorce.
An “annulment” is a court finding that a marriage is invalid. In Kansas, a marriage can be “annulled” if the marriage is either “void” or “voidable.”
A “void” marriage is a marriage that was prohibited by the laws of the state in which the couple was married. Examples are marriages between a couple too closely related (first cousins or closer in Kansas) and marriage between two people when one of them is still married to another person. If a marriage is “void,” Kansas courts must grant a requested annulment.
A “voidable” marriage is a marriage that may be invalidated by one of the parties to the marriage because of some “material fact” that existed when the couple married. Examples of “voidable” marriages are a marriage in which one (or both) parties did not know about a “material fact” that existed when they entered into the marriage that would have led them not to marry if that fact had been known (called a “mistake of fact”), or when one party was caused to enter the marriage by a fraudulent representation. If a marriage is “voidable,” Kansas courts may, but are not required to, grant a requested annulment.
A marriage usually cannot be “annulled” merely because the parties have not been married “for very long.” A marriage is not “void” or “voidable” because one or both parties to the marriage decide it wasn’t what they should have done, they don’t like the person they married, or because the marriage “was a mistake.” And you certainly cannot obtain an annulment because you only lived together for a little while before one of you left and hasn't been seen since.
You are entitled to a divorce under Kansas law. You are not entitled to an annulment (and in Kansas there is no real difference in the effect of the two). Although it's always best to hire a lawyer to handle legal matters, the Kansas Judicial Council has prepared forms for use by self-represented persons who want a simply divorce. Those forms are at: http://www.kansasjudicialcouncil.org/legal-forms/divorce
This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.