Fort Mitchell Annulment Lawyer

In the Commonwealth of Kentucky, individuals who find themselves in prohibited or sham marriages can void the marriage through a process known as annulment. However, annulment is only available in specific circumstances, and those seeking an annulment must act quickly. A Fort Mitchell annulment lawyer could provide critical support during the annulment process.

A lawyer can help you determine the grounds for annulment, file a petition in a timely manner, and represent you during the hearing. Assistance from a knowledgeable and experienced divorce attorney may be beneficial to erasing an unintended marriage.

Steps in an Annulment

The first step to an annulment is to file a “Petition for Annulment of Marriage.” The spouse filing for the annulment is the petitioner, and the other is the respondent. After filing the petition, the petitioner will need to serve the respondent with a copy.

After serving the petition, the court will schedule a hearing. During that hearing, the judge decides whether the marriage is valid and annuls it if necessary.

Once a court grants an annulment, it establishes that the parties were never legally married. This eliminates any right to alimony or property division. However, if the annulled marriage produced children, the law generally considers them legitimate, and both parents must financially support them. An attorney in Fort Mitchell could help prepare a child support agreement after an annulment.

Grounds for Annulment

In Kentucky, a court may declare a marriage invalid in certain circumstances. According to Kentucky Statutes § 403.120, statutory grounds for annulment include:

• Lack of consent due to the influence of alcohol, drugs, or other incapacitating substances
• Lack of consent due to mental incapacity or mental disability
• Marriage by force, duress, or fraud
• Bigamous marriage
• Incestuous marriage
• Marriage by or between minors without proper legal consent
• Improper solemnization of the marital ceremony

An individual seeking an annulment must understand whether their marriage was considered valid. If the marriage was not considered invalid, a party would need to seek a divorce instead of an annulment. Promptly seeking the advice of an experienced lawyer in Fort Mitchell may help a person determine the validity of their marriage and options to end it.

Statute of Limitations for Annulments

The time limit for obtaining an annulment is based on the specific grounds for the annulment. Those seeking an annulment will need to understand the basis for their annulment and how that may affect the deadline for filing a petition.

Laws prohibit marriages such as bigamous or incestuous unions, and individuals must annul them within one year of discovering the prohibited circumstances. For marriages entered into without proper consent, individuals must initiate annulment within 90 days of discovery. Lastly, underage marriages must be annulled before any cohabitation occurs after the minor spouse’s 18th birthday.

How An Annulment Lawyer Can Help

A Fort Mitchell attorney may provide critical support during the annulment process. A lawyer could petition for a dissolution of the marriage on the individual’s behalf. Moreover, an attorney may apply their knowledge of Commonwealth law to the circumstances and determine the appropriate course of action to end the marriage.

Investigation into the events leading up to the marriage, the marriage ceremony itself, the person’s spouse, and other background information may provide critical information. This all can build the solid foundation for an annulment petition. Building a solid case for dissolution and showing the marriage was invalid under the law is critical to a successful annulment.

Call a Fort Mitchell Annulment Attorney Today

Finding yourself in a sham marriage can be stressful. Taking quick action to have your marriage annulled and getting your life back on track is important to securing your future. Working with a fierce and knowledgeable attorney may be beneficial during the annulment process.

Seeking representation from our dedicated Fort Mitchell annulment lawyer should be your top priority when you find yourself in an unintended or fraudulent marriage. Reach out today to schedule an initial consultation.