how to get an annulment in missouri

Daniel Parker

2 min read

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17-01-2025

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Getting an annulment in Missouri means having your marriage legally declared as if it never happened. This is different from a divorce, which dissolves an existing marriage. Annulments are granted under specific circumstances, and the process can be complex. This guide outlines the key steps and considerations.

Grounds for Annulment in Missouri

Missouri law specifies limited grounds for annulment. You must demonstrate one of the following to be successful:

• Lack of legal capacity: This includes being underage, mentally incapacitated, or under duress (forced into the marriage).
• Fraud: One spouse made material misrepresentations that induced the other into marriage. This isn't about minor falsehoods; it requires significant deceit concerning fundamental aspects of the marriage, such as concealing a prior marriage or a serious health condition.
• Impotency: One spouse is physically incapable of consummating the marriage. This must be proven to be a pre-existing condition, not something that developed after the marriage.
• Force or duress: One spouse was coerced into marriage against their will.

It’s crucial to understand that simply falling out of love or having marital problems is not grounds for an annulment in Missouri. These are grounds for divorce.

Proving Your Grounds

Gathering substantial evidence is critical. This might include:

• Witness testimonies: People who can attest to the coercion, fraud, or other relevant circumstances.
• Medical records: To prove impotency or mental incapacity.
• Documents: Evidence of a prior marriage, fraudulent representations, or other relevant documentation.

Your attorney will guide you on what evidence is necessary and how to present it effectively.

The Annulment Process in Missouri

The annulment process generally follows these steps:

1. File a Petition for Annulment: This document officially starts the legal process. It will state the grounds for annulment and the relevant facts. You must file it in the appropriate circuit court in Missouri.

2. Serve your spouse: Your spouse must be legally notified of the petition. Your attorney will handle this according to Missouri's rules of civil procedure.

3. Respond to the petition: Your spouse has the opportunity to respond to the petition, either agreeing or contesting the annulment.

4. Discovery: Both sides gather evidence through depositions, interrogatories, and requests for documents. This phase allows both parties to present their case.

5. Hearing or Trial: If the case isn't settled, a judge will hear evidence and determine whether the grounds for annulment have been met.

6. Judgment: The judge will issue a judgment either granting or denying the annulment. If granted, the marriage is declared void ab initio, meaning it's considered to have never existed.

Differences Between Annulment and Divorce in Missouri

While both end a marriage, there are significant differences:

Seeking Legal Counsel

Navigating the annulment process in Missouri requires legal expertise. The laws are complex, and presenting your case effectively requires a skilled attorney. Consult with a qualified Missouri family law attorney to discuss your specific circumstances and determine the best course of action. They can advise you on whether annulment is appropriate in your situation and guide you through the entire process.

Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified attorney for advice tailored to your individual situation.