Best Annulment Lawyers in Missouri

About Annulment Law in Missouri, United States

Annulment is a legal process that declares a marriage null and void, meaning it was never legally valid in the first place. In Missouri, annulment differs from divorce because an annulled marriage is considered to have never existed under the law. Missouri law recognizes certain specific circumstances under which a marriage can be annulled, requiring individuals to present valid legal grounds. Understanding the basics of annulment in Missouri is important for anyone considering this legal route.

Why You May Need a Lawyer

Seeking annulment can be a complex legal process, and the requirements in Missouri are strict. Here are some common situations where hiring a lawyer can be helpful:

• You are unsure if your situation qualifies for annulment rather than divorce or legal separation.
• You need help gathering evidence or legal documentation to support your claim.
• The other party is contesting the annulment or there are disputes about property, children, or finances.
• You need assistance navigating court procedures and ensuring paperwork is correctly filed.
• You want to protect your interests and understand your rights under Missouri law.

Local Laws Overview

Missouri law recognizes annulment in limited circumstances. The most common legal grounds for annulment include:

• One or both parties were underage and did not have parental consent.
• One party was mentally incapacitated at the time of the marriage.
• There was fraud, duress, or coercion involved in obtaining consent to marry.
• The marriage was bigamous (one party was already legally married to someone else).
• The parties are closely related by blood (incest).
• Impotence or inability to consummate the marriage, if not disclosed prior to the marriage.

Annulment actions are filed in the circuit court of the county where either party resides. Unlike divorce, an annulment does not address issues such as division of marital property or spousal support, since the law considers the marriage to have never existed. However, matters like child custody and support may still need to be resolved.

Frequently Asked Questions

What is an annulment?

An annulment is a court order that declares a marriage invalid, as if it never occurred. Unlike divorce, it erases the marriage legally.

How is an annulment different from a divorce?

Divorce ends a valid marriage, whereas annulment states that the marriage was never legally valid due to certain legal issues existing at the time of the union.

What are the legal grounds for annulment in Missouri?

Grounds include bigamy, underage marriage without parental consent, fraud, coercion, impairment, incest, or undisclosed impotence.

Is there a time limit to file for annulment?

There is no specific statute of limitations, but waiting too long can make it harder to gather evidence or prove your case.

Can an annulment affect child custody or support?

Yes, issues regarding child custody and support must still be resolved, even when a marriage is annulled.

Do both spouses have to agree to an annulment?

No, only one spouse needs to file, though the other spouse may contest the annulment.

Will property and debts be divided in an annulment?

Generally, property acquired during the relationship is not treated as marital property, but courts can address property and debt disputes as needed.

What proof is needed for an annulment?

You must provide clear and convincing evidence that legal grounds for annulment existed when the marriage took place.

Can I remarry after an annulment?

Yes, once the court issues the annulment decree, you are considered legally single and may remarry.

How long does the annulment process take?

The process length varies based on the complexity of your case and how quickly evidence can be presented, but simple cases generally proceed faster than contested annulments.

Additional Resources

If you need more information or assistance, the following Missouri organizations and resources can be helpful:

• Missouri Judiciary - Circuit Courts for filing annulment petitions.
• Missouri Bar Association - Provides legal information and referrals for attorneys.
• Legal Aid of Western Missouri - Offers assistance to eligible individuals.
• Missouri Department of Social Services - For information about child support and custody.
• County Circuit Clerk's Office - For forms and local filing guidance.

Next Steps

If you are considering annulment in Missouri, take the following steps:

1. Review your circumstances to determine if your marriage might meet the grounds for annulment.
2. Gather any documents or evidence relating to your marriage and the potential grounds for annulment.
3. Consult with a licensed Missouri attorney who specializes in family law or annulment to discuss your options.
4. File your petition for annulment with the circuit court in the county where you or your spouse resides.
5. Prepare for possible hearings, bring supporting evidence, and follow your attorney’s advice throughout the process.

Remember, an attorney can help protect your interests, correct any paperwork errors, and advocate on your behalf. Seeking legal advice early in the process can make the annulment journey smoother and more effective.