When facing the end of a marriage, you may wonder whether divorce or annulment is the right path. Both processes end a marriage, but they do so differently.
In Kentucky, a divorce terminates a legally valid marriage, acknowledging its existence but ending it due to irreconcilable differences or other issues. An annulment, however, declares that the marriage was never legally valid.
Grounds for an annulment
Getting an annulment is only possible under specific conditions. In Kentucky, you must have a valid reason to qualify. Here are common grounds:
- One spouse couldn’t consent due to mental incapacity or intoxication at the time of marriage
- Significant deceit occurred, such as lying about being single when married
- One spouse coerced the other
- One spouse was under 18 and didn’t have parental consent
- One spouse was already married to another person
- The spouses are too closely related
The grounds must have existed at the time of the marriage. Kentucky also imposes time limits on filing, from 90 days in cases of coercion, duress or fraud, to one year for incest, mental disability or bigamy.
What does the legal process entail?
An annulment involves three main steps but includes detailed paperwork and strict requirements. First, you must submit a “Petition for Annulment” at the circuit court in your county, where you must reside for at least 60 days before filing.
You must include personal information for you and your spouse, such as how long you’ve lived in Kentucky, the date of your marriage and whether any children resulted from the marriage. You must also provide proof of the grounds stated in the petition.
Once the court accepts the document, you must serve your spouse with legal papers, which are typically hand-delivered. Next, a judge holds a hearing to rule whether the grounds are valid.
Legal ramifications of annulment vs. divorce
The legal impacts of an annulment vs. divorce differ significantly. Here are the key differences:
- After an annulment, it’s as if your marriage never happened
- Unlike divorce, you can’t receive alimony
- The court won’t divide property as in a divorce
- Children from the marriage remain legitimate, including those born within 10 months of the annulment’s date
- Child custody and support still need court determination
Whether you pursue an annulment or a divorce, having proper legal support ensures your interests are represented. A skilled divorce attorney can assess your situation, explain your options, help you file the correct paperwork on time and represent you in court.