Kansas Annulment and Prohibited Marriage Laws

While many of us dream of the perfect wedding, not all marriages are perfectly legal. The institution of marriage, like many things these days is heavily regulated by state law, and the legal prerequisites for marriage can vary from state to state. While some marriages are prohibited entirely, others can be ruled invalid, or “annulled,” later if certain regulations were not met. Here is an overview of annulment and prohibited marriage laws in Kansas.

Annulments and Prohibited Marriages

States are generally given wide latitude when constructing their annulment and prohibited marriage laws, and the specifications may differ depending on where you live. Annulments can invalidate a marriage in certain circumstances, and marriage prohibitions can ban marriages entirely in others. The Sunflower State’s annulment law focuses on the issue of marriage induced by fraud, allowing courts to grant an annulment “if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying recission of a contract of marriage.”

Annulment Laws in Kansas

The details of Kansas’s annulment and prohibited marriage statutes are listed below.

Code Sections

Kansas Statutes 23-2501, et seq.: Marriage; Kansas Statutes 23-2702: Grounds for Annulment

Grounds for Annulment

Induced by fraud; void; mistake of fact; lack of knowledge of a material fact or any other reason justifying rescission of contract of marriage

Time Limits for Obtaining Annulment

-

Legitimacy of Children

-

Prohibited Marriages

Incestuous (Between ancestor and descendant, brother and sister (half and whole blood), uncle and niece, aunt and nephew, first cousins)

Same-Sex Marriage in Kansas

Kansas is one of many states whose statutory ban on same-sex marriage was hotly contested. While state law prohibited both same-sex couples from being married and the legal recognition of same-sex marriages performed out-of-state, a series of court cases in late 2014 put that rule in doubt. A U.S. District Court barred the state from enforcing the ban on same-sex marriage, but stayed the order to give the state time to appeal. Even though the appeal was denied, some doubt remained concerning which counties are covered by the ruling.

Finally, a U.S. Supreme Court decision in 2015, the landmark Obergefell v. Hodges case, eliminated confusion when it unequivocably held that state bans on same-sex marriage and state refusals to acknowledge legal same-sex marriages from other states were impermissible violations of the Constitution's guarantee of equal protection. The latest developments in same-sex marriage law can be found in FindLaw’s Same-Sex Marriage section.

More Resources for Kansas Annulment and Prohibited Marriage Laws

Marriage is a serious emotional decision that can also have serious legal consequences. You can visit FindLaw’s sections on Kansas Family Law, Annulment, and Divorce for additional articles and information on this topic. You can also consult with a Kansas divorce attorney in your area if you would like legal assistance regarding a marriage or annulment matter.

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