Lexington KY Annulment Attorney
In Lexington, Kentucky, the rules regarding the annulment of marriage are found in KRS 403.120. An annulment has the effect of invalidating an improper marriage. The statute is specific as to the circumstances in which a family court will enter a decree invalidating a marriage. Those circumstances are as follows:
1. A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or deformity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage;
2. A party lacks the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity;
3. The marriage is prohibited.
Ky. Rev. Stat. 403.120.
Keep in mind the time period for seeking an annulment of marriage is very short pursuant to the statute. For sections 1 and 2 listed above, there is a statutory 90 day limitation period for seeking an annulment. Prohibited marriages (found in section 3 above) have a one year statute of limitations for annulment. Also keep in mind the time period begins to run when the petitioner (the person wanting the annulment) obtains knowledge of the described condition. Also keep in mind the death of one party will stop the ability to pursue an annulment based on sections 2 and 3 above.
If you, or a loved one, are interested in seeking an annulment in Lexington, KY for one of the reasons listed above, give Lexington Divorce Attorney Breck Norment a call for a free consultation - 859-303-6007.
1. A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or deformity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage;
2. A party lacks the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity;
3. The marriage is prohibited.
Ky. Rev. Stat. 403.120.
Keep in mind the time period for seeking an annulment of marriage is very short pursuant to the statute. For sections 1 and 2 listed above, there is a statutory 90 day limitation period for seeking an annulment. Prohibited marriages (found in section 3 above) have a one year statute of limitations for annulment. Also keep in mind the time period begins to run when the petitioner (the person wanting the annulment) obtains knowledge of the described condition. Also keep in mind the death of one party will stop the ability to pursue an annulment based on sections 2 and 3 above.
If you, or a loved one, are interested in seeking an annulment in Lexington, KY for one of the reasons listed above, give Lexington Divorce Attorney Breck Norment a call for a free consultation - 859-303-6007.