What Is the Difference Between Annulment and Divorce in Kansas?

In Kansas, divorce is the legal process that married couples most often use to end a marriage. State law also provides for annulment, a different procedure available only in limited circumstances. Annulment and divorce are not only distinct processes, they also have different legal implications for the individuals who are involved.

Basis for Annulment in Kansas

A specific statute, found at K.S.A. 23-2702, governs annulment actions in the State of Kansas. In subsection (a), the law states that a district court “shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud.”

Under the statute, annulment is available only for a marriage that is void or voidable on the basis that it was induced by fraud. It’s important to note that an annulment under state law is not the same as a religious annulment by a church or other organization. The statutory standards apply only to the Kansas legal process of annulment. Religious and other types of annulment are outside the scope of this discussion.

Void Marriages

For purposes of annulment, a void marriage is one that is invalid under state law. The two most common situations involving a void marriage are: 1) When one of the individuals was already legally married to someone at the time of marriage, a subsequent marriage to a different person is invalid under Kansas law. 2) If two people who are related by blood as first cousins or closer marry each other, a marriage between them is invalid (void) under state law.

If a marriage is void under Kansas law, the two individuals do not need to obtain a court order for the marriage to be invalid. But in some situations, one or both people may want a court annulment so there is written legal documentation of the invalidity of the marriage.

Voidable Marriages

A voidable marriage is valid when it occurs but may be declared void or invalid by a court order if specific criteria are met. Subsection (a) of the annulment statute (quoted above) establishes that a marriage induced by fraud is voidable. Subsection (b) of the law states that a district court also may invalidate a marriage “if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying recission of a contract of marriage.” As such, Kansas law establishes two different circumstances in which a court can grant an annulment for a voidable marriage.

To obtain a court order for a voidable marriage, the petitioning party must provide evidence to the court that establishes the factual basis for the annulment. That means establishing fraud by the other party, mistake of fact, lack of knowledge of a material fact, or another reason that justifies voiding the marriage. Examples of situations in which a court may consider granting an annulment include a marriage involving:

• Fraud or deception as to a significant fact by a party prior to the marriage
• A person aged 16 or 17 years old who did not obtain the required consent of a parent or guardian
• A person who was legally incapable of consent at the time of the marriage
• A person who was forced into a marriage
• Lack of knowledge of a party’s incurable impotence prior to marriage

Annulment Process

Annulment is a complicated legal process, even when the petitioning party has evidence to establish a basis for invalidating the marriage. In annulling a marriage, the court has authority to divide the property of the parties and order one person to pay financial support to the other. If you think your marriage may qualify for annulment, it’s essential to talk with an experienced family law attorney before you make a final decision on proceeding.

Divorce in Kansas

If a marriage does not qualify for annulment, the spouses may ask a court to end the marriage through a divorce proceeding. Kansas statutes also govern the divorce process in the state. The law establishes three grounds for a court to grant a divorce to a married couple: incompatibility (the most commonly used reason), failure to perform a marital duty or obligation, or incompatibility by reason of mental illness or incapacity when specific requirements are met.

In issuing a divorce decree, a Kansas court has authority to address equitable division of marital property, spousal support and child support, and child custody. If you are considering getting a divorce, talking with a knowledgeable family law attorney is strongly recommended. Your lawyer makes certain that you understand your rights and obligations under the law and are prepared to navigate the divorce process and all the issues that will be addressed by the court.

Legal Effect of Annulment and Divorce

Annulment and divorce have different legal implications. If a Kansas court grants an annulment, the legal effect is that the marriage was invalid from the very beginning. In legal terms, it’s as if the marriage never occurred. In contrast, a divorce decree ends a valid marriage but does not invalidate the marriage. From a legal standpoint, the marriage existed from the time it occurred until the court issued the divorce decree.

Schedule a Consultation with a Kansas Family Law Attorney

At Sloan Law Firm, our family law and divorce practice includes assisting clients with all aspects of the Kansas annulment and divorce processes. With offices in Topeka and Lawrence, we assist clients throughout Kansas and invite you to contact us by calling (785) 357-6311 or using our online contact form.