The Difference Between Annulment and Divorce in Kentucky

When a marriage ends, most people think of divorce as the natural next step. However, there’s another legal option that some may be eligible for: annulment. While both divorce and annulment end a marriage, they do so in very different ways and under very different circumstances.

Understanding the difference between annulment and divorce in Kentucky can help you determine which option may apply to your situation or whether you qualify for both.

What Is a Divorce in Kentucky?

A divorce is the legal termination of a valid marriage. In Kentucky, it is formally referred to as a “dissolution of marriage.” To initiate a divorce, one spouse must reside in the state for a minimum of 180 days prior to filing. Kentucky operates under a no-fault divorce statute, indicating that no evidence of misconduct by either spouse is required. Instead, it’s necessary to demonstrate that the marriage is “irretrievably broken.”

Once a divorce is finalized, the court can also divide property and debts, award spousal maintenance (also known as alimony), and establish custody and child support arrangements if children are involved.

What Is an Annulment?

An annulment, on the other hand, is a legal declaration that a marriage was never valid to begin with. If granted, an annulment essentially wipes the slate clean—legally, it’s as if the marriage never happened. However, because annulments carry this implication, they are only available in specific and limited circumstances.

Annulments in Kentucky must be filed within 90 days to one year of the date you discovered the grounds for annulment, depending on the reason. Unlike divorce, which focuses on the breakdown of a valid marriage, annulment focuses on the validity of the marriage itself.

Grounds for Annulment in Kentucky

Annulments are not granted simply because a marriage was short or regrettable. You must prove one of the legally recognized grounds. In Kentucky, these include:

• At the time of marriage, one or both parties were underage and lacked appropriate consent.
• One partner was still legally married to another individual, which constitutes bigamy.
• The marriage resulted from fraud or coercion.
• One spouse lacked the mental capacity to consent to the marriage
• The marriage was not consummated due to permanent and incurable impotence
• At the time of the marriage, one or both parties were affected by drugs or alcohol, impairing their ability to give consent.

If you believe any of these circumstances apply to your situation, it’s essential to speak with an experienced family law attorney quickly. Timing and evidence are critical in annulment cases.

Key Differences Between Annulment and Divorce

The most significant difference between annulment and divorce is how the marriage is treated legally. A divorce ends a valid marriage, while an annulment declares that the marriage was never valid in the first place.

Another critical difference involves property rights. In a divorce, marital property is typically divided between the spouses. In an annulment, because the marriage is considered void or voidable, property and debt division may be handled differently, and spousal maintenance is usually not awarded.

However, children born during a marriage that is later annulled remain legitimate, and the court can still determine custody and child support.

Speak With a Kentucky Family Law Attorney Today

Whether you’re considering annulment or divorce, it’s important to understand your rights and options. At Hoffman Walker & Knauf, our family law attorneys are here to help you make informed decisions about your future. We can evaluate your circumstances, explain the available legal options, and advocate for the best possible outcome.

If you’re unsure which option applies to your situation, contact us today for a confidential consultation. We’re here to guide you every step of the way.