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Can my marriage be declared invalid?

If your marriage has not turned out to be all that you thought it would, you could file for a divorce or you may be able to have it declared invalid by a Kentucky court. According to the Kentucky Legislature, it is possible to have the marriage annulled under certain conditions.

One of those conditions is if your marriage is prohibited by law. For example, perhaps you were under the legal age of consent at the time of your marriage but you lied about your age, or maybe you married someone who was not old enough under state law. In that instance, you would probably just need to show proof of the age to the court to meet the requirement.

You also may be able to have the marriage declared invalid if you found out after the marriage occurred that your spouse could not physically consummate the marriage. Perhaps your spouse suffers from a medical condition that prevents this type of intimacy but failed to tell you. In such a case, a court would probably grant your request for an annulment.

Fraud could also be grounds for an annulment in the state. The definition of fraud is not spelled out in the statute but it may include a situation where you married your spouse as a way to grant his or her last wish, but in reality, that person was in perfect health. Likewise, if you were forced into the marriage or entered it under a severe amount of pressure or stress, the court could decide to declare it invalid. This could include situations where you were held against your will, your parents forced you to marry the other person or the person used threats to coerce you into the union.

Your mental state could also be grounds for declaring the marriage invalid. Perhaps you were drunk at the time that you got married or under the influence of a tranquilizer. In such an instance, the court would probably determine that you were not at your full mental capacity and therefore unaware of what you were doing. Mental incapacity on either your end or your spouse’s could also be presented as evidence that the marriage should be annulled. This information is only for educational purposes; it is not to be used as legal advice.

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