Divorce & Annulment in Kentucky | What`s the Difference?

Did you know that not all couples are eligible for an annulment? There is actually quite a vast difference between a divorce and an annulment.

Some people mistakenly think that they are the same thing.

If you live in Kentucky and would like to learn how to get an annulment or a divorce, keep reading because this article is for you. In it, we will discuss the differences between a divorce and an annulment.

What is a divorce?

The dictionary describes a divorce as a legal dissolution of marriage by a court. In Kentucky, if a couple chooses to get a divorce, it means that the union did “LEGALLY” exist. Therefore when you end your marriage, you will receive a legal document that shows you are no longer married and can also legally remarry if you choose.

If you choose to get a divorce, you or your spouse will need to be a resident of Kentucky for at least 6 months. You will also need to be separated for at least 60 days before the final decree can be entered.

Is Kentucky a no-fault state?

Yes, it is. Therefore you do not have to prove that your spouse committed adultery, for example, or engaged in any other marital misconduct to get a divorce.

How to file for a divorce in Kentucky

The easiest way to file for a divorce in Kentucky is to use an online divorce service. This is especially true if your divorce is uncontested (you will need to use a lawyer for a contested case).

What does an online divorce service do? They prepare all the correct documents for you that you will need for your dissolution of marriage.

All you need to do is fill in a simple online questionnaire to see if you are eligible. Web divorce is a popular option for many couples as it is inexpensive and fast. For example, some divorce packages start from $139, with the most expensive being $400.

Once the online divorce service has provided your paperwork, all you will need to do is file it at your local clerk’s office and pay a filing fee.

What is an annulment?

An annulment ends a “marriage” that never legally existed. Therefore the marriage would be null and void because it did not happen officially.

It’s important to note, though, that the “marriage” would still stay on file.

Are you eligible for an annulment in Kentucky? Read below

You need to have a legal reason for your marriage to be annulled in Kentucky.

A spouse could seek an annulment if any of the following circumstances were present at the start of the marriage.

Underage

If one spouse was underage (meaning younger than the age of 18). But it’s also important to note that if the underage spouse lives with their partner until they are older than 18, they can no longer receive an annulment.

The marriage was not consensual

If one spouse was not able to consent to the marriage because they did not understand what marriage means. This could be because they were intoxicated or mentally unstable at the time of their marriage. You would need adequate proof for this.

Bigamy

If any bigamy occurred, this means that one spouse was already married during the time of the second marriage.

The marriage was forced

An annulment can be granted if a spouse was forced into the marriage against their will.

Incest was committed

You can seek an annulment if incest was involved (meaning that spouses were more closely related than second cousins).

Impotence

One spouse was impotent, meaning that they were not capable of sexual intercourse.

Fraud

Fraud is another circumstance where a marriage in Kentucky can get annulled. For example, if a woman pretended to be pregnant to trick the man into marrying her, an annulment will be granted.

Kentucky also has a “Statutes of Limitations,” which means you can get an annulment within 90 days from the date of your wedding if you have experienced any of the above circumstances.

The only extraordinary circumstances that allow for an annulment after a year in Kentucky are insanity, bigamy, or incest. This means that you would need to file for an annulment within a year after any of these reasons took place.

How do you file for an annulment in Kentucky?

Step 1: 

File a petition for “Annulment of marriage.” You could either ask a lawyer to help you or receive the documentation from the courts. But you can only file for your annulment in the state in which you live and should have stayed in the county for at least 60 days.

Step 2:

You will then need to fill out certain information in your paperwork. Such as:

• Both spouses names
• Dates of birth
• Addresses
• How long you have resided in Kentucky
• Your occupations
• The date of marriage
• If you have minor children
• The grounds for your annulment

Step 3:

The next step is to file the petition for your annulment at your circuit court and then serve your spouse. You would need to use someone over the age of 18 to have your spouse served or make use of a professional server.

Step 4:

You will be assigned a hearing date, and a judge will look at your case to see if you genuinely do have grounds for an annulment. If the judge is convinced that you have legal standing for an annulment, they will grant it for you. He can even do so if your spouse does not consent.

If the judge does grant you an annulment, then this means that you were never legally married. Therefore, in the case of the “Statute of Limitations,” you would not be eligible for property division or alimony.

If children are born during this “marriage,” they will be considered illegitimate, and both parents will be responsible for caring for them financially.

The Takeaway

As you can see, there is quite a vast difference between a divorce and an annulment in Kentucky.  If you have any questions or uncertainties, always ask a lawyer to make sure that you know exactly what to expect.