How long does it take to finalize an annulment in Kentucky?

Answer 1

90 days from the point at which you discover grounds for annulment. NOTE: this is not 90 days from the marriage, but 90 days from one's discovery of a criteria for annulment:

Kentucky law permits the annulment of a marriage only in certain very specific circumstances:

1. If the marriage was obtained by force or fraud [KRS 402.030(1)]; OR

2. If the parties are more closely related by blood than second cousins [KRS 402.010(1)]

(considered incest in Kentucky); OR

3. If one of the parties has been adjudged mentally disabled by a court of competent

jurisdiction [KRS 402.020(1)(a)]; OR

4. If one of the parties has a husband or wife living, from whom the person marrying has not been divorced [KRS 402.020(1)(b)]; OR

5. If the subject marriage was not solemnized or contracted in the presence of an authorized person or society [KRS 402.020(1)](c); OR

6. If one party was under eighteen (18) but over sixteen (16) years of age at the time of the marriage, and the marriage was without the consent required by KRS 402.020(1)(f) and has not been ratified by cohabitation after that age [KRS 402.030(2)]; OR

7. If one party was under sixteen (16) years of age at the time of the marriage, if the

marriage was not conducted with the permission of a District Judge as required by KRS

402.020(1)(f)(3) in the form of a written court order, and if the marriage has not been

ratified by cohabitation after the person reached eighteen (18) years of age [KRS

403.030(3)].

Fraud is the most frequently cited basis for filing a Petition for Annulment. Such an element would include:

• One spouse failing to disclose to the other

spouse critical information about important

matters such as a previous marriage or a

criminal record;

• A spouse's desire to have or to not have

children which is inconsistent with the other

spouse's desires and understanding;

• A spouse lying about his or her capacity to

have children;

• A party lying about his or her having reached

the age of consent

• A party lying about his or her degree of blood

relationship to the other spouse;

• A spouse concealing an addiction to alcohol

or drugs;

• A spouse failing to disclose the existence of

children from a prior relationship;

• A spouse failing to disclose a sexually

transmitted disease or impotency;

• A spouse's refusal or inability to consummate

the marriage (i.e., having sexual intercourse

with the other spouse);

• Etc.

Most annulments take place after a marriage of a very short duration -- a few weeks

or months, so there are usually no assets or debts to divide, or children for whom custody, visitation and child support are a concern.