How to Get an Annulment in Kentucky

An annulment in Kentucky is a court order that declares a marriage legally invalid. Kentucky judges can grant an annulment only for specific legal reasons (called "grounds"), such as bigamy, fraud, incest, or mental incapacity. To get an annulment in Kentucky, you have to file a petition in the county where you or your spouse lives within strict filing deadlines.

Here's an overview of who qualifies for an annulment in Kentucky, how to file, and what happens after an annulment.

What Is a Marriage Annulment in Kentucky?

An annulment is different from a divorce. A divorce ends a marriage that was legally valid. An annulment is a court ruling that says your marriage was never legally valid in the first place. If your marriage has a serious legal issue from the start, you may be able to get it annulled.

Some marriages are void, meaning they were never legal from the start. Others are voidable, meaning the marriage is valid until someone asks for and is granted an annulment.

Void marriages in Kentucky include marriages involving someone who has been declared mentally disabled by a court, bigamy, incest, or sometimes an underage spouse. Voidable marriages include all of the other grounds, such as lack of consent, force, duress, and physical incapacity.

(Ky. Rev. Stat. §§ 402.010, 402.020, 402.030, 403.120 (2026).)

What Are the Grounds for an Annulment in Kentucky?

You must have a "ground" (legal reason) to get an annulment in Kentucky. You might be able to annul your marriage if any of the following were true at the time of the marriage:

• one spouse couldn't consent to the marriage (due to, for example, mental incapacity or serious intoxication)
• one spouse was forced or threatened into the marriage
• one spouse lied to the other about something essential to the marriage (fraud)
• one spouse lacked the physical capacity to consummate the marriage through sexual intercourse that was unknown to the other spouse
• the couple is more closely related than second cousins (incest)
• one spouse was already married at the time of the second marriage (bigamy), or
• one spouse was underage and didn't have the legal authorization required to marry.

(Ky. Rev. Stat. §§ 402.010, 402.020, 402.030, 403.120 (2026).)

Kentucky Annulment Filing Deadlines

Kentucky has strict deadlines for filing for an annulment that are tied to the reason for seeking the annulment. If you want to annul your marriage because of force, duress, fraud, lack of consent, or physical incapacity, you must file within 90 days of discovering the legal basis for the annulment. If the grounds involve bigamy, incest, or mental incompetence, or an underage spouse, you have one year from the date you discovered the reason to file.

If you miss the deadline, you won't be able to get an annulment. You can, however, still get a divorce.

(Ky. Rev. Stat. § 403.120 (2026).)

Who Can File for an Annulment in Kentucky?

Either spouse can file for an annulment in Kentucky, typically during the marriage and while both spouses are alive. However, if the grounds for the annulment involve lack of consent, force, duress, or fraud, a petition may still be filed after the other party has died, but only by the offended or unknowing party, or by that party's legal representative.

If a spouse lacked the mental capacity to consent to the marriage, their legal representative may also file for an annulment on that person's behalf.

(Ky. Rev. Stat. § 403.120 (2026).)

What Happens After a Kentucky Annulment?

When an annulment is granted, it means your marriage was never legally valid. It's as if the marriage never existed in the eyes of the law.

In Kentucky, the standard rules for dividing property and alimony (spousal support) don't apply to annulments. However, depending on the circumstances, a court may have the power to award some financial relief to prevent an unfair outcome.

A parent's obligation to support a child in Kentucky exists regardless of whether the marriage is annulled. The same child support and child custody rules that apply in a divorce also apply when a marriage is annulled.

How Do I Get an Annulment in Kentucky?

To get an annulment in Kentucky, you must file a petition in the county where you or your spouse lives. The spouse filing for an annulment is called the "petitioner." The other spouse is the "respondent."

Kentucky doesn't have a standard statewide form for an annulment petition. You can contact your local court to ask if a sample petition is available, or talk to a local attorney who specializes in divorce or family law. You can also visit the Kentucky Court of Justice Self-Help Portal for general information about Kentucky law and courts.