Grounds for Annulment in Kansas

The contolling statute in Kansas is K.S.A. 60-1602. The district court shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud. In addition, the district court may grant a decree of annulment of any marriage if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying rescission of a contract of marriage.

In many cases, grounds that would support an action for annulment might be sufficient for divorce. The parties then may decide for religious reasons to opt for an annulment rather than a divorce. As a practical matter when a couple has been married a short time, is young with no children, a court may use its equitable powers to grant an annulment even when technically the grounds may be weak.

In order for a marriage to be void, certain conditions must be met. Those include, but may not be limited to, incest, bigamy, lack of mental capacity and underage. Voidable grounds include, fraud, mistake of fact, or the new marriage was contracted within the appeal time from a judgment from a previous divorce, usually 30 days.