Pingel Family Law Pingel Family Law
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Annulments

Do you need an annulment? Should you get an annulment? Why would you want an annulment?

An annulment is distinguished from a dissolution of marriage or divorce in that it is a legal determination that the marriage was never valid to begin with. A divorce assumes that there was a legal marriage that now needs to be ended/concluded and therefore, the status is changed through the divorce proceeding. On the other hand, an annulment is a judicial declaration or order stating that the marriage is not at issue and never was valid as a legal defect existed at the time of the marriage. The legal defect is generally something indicating that there was not a legal/valid marriage ceremony or that there was a reason the marriage could not be completed legally, such as if the other spouse was already married to someone else when they agreed to marry you, also known as bigamy (without your knowledge).

In order to obtain an annulment, you generally must have facts that existed at the time of the marriage ceremony. Under both, Kansas and Missouri law, marriages are going to be assumed valid and it is the burden of the person seeking to annul the marriage to prove that the marriage was not valid or legally completed. 

An annulment is distinguished from a dissolution of marriage or divorce in that it is a legal determination that the marriage was never valid to begin with. A divorce assumes that there was a legal marriage that now needs to be ended/concluded and therefore, the status is changed through the divorce proceeding. On the other hand, an annulment is a judicial declaration or order stating that the marriage is not at issue and never was valid as a legal defect existed at the time of the marriage. The legal defect is generally something indicating that there was not a legal/valid marriage ceremony or that there was a reason the marriage could not be completed legally, such as if the other spouse was already married to someone else when they agreed to marry you, also known as bigamy (without your knowledge).

In order to obtain an annulment, you generally must have facts that existed at the time of the marriage ceremony. Under both, Kansas and Missouri law, marriages are going to be assumed valid and it is the burden of the person seeking to annul the marriage to prove that the marriage was not valid or legally completed. 

If you find yourself in a situation where you need to consider whether annulment or divorce is the correct option for you, please reach out to our office for a consultation. We can discuss the benefits and risks and various options available to you and help you decide the option that best meets your needs.

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