Annulment Law Missouri: What You Need to Know
Understanding Annulment in Missouri
If you’re questioning the validity of your marriage, you might be wondering whether an annulment is possible under Missouri law. Unlike a divorce, which ends a legally valid marriage, an annulment declares that the marriage was never legally valid in the first place. In other words, an annulled marriage is treated as if it never existed.
People pursue annulments for various reasons—whether due to fraud, coercion, or legal barriers that made the marriage invalid from the start. In Missouri, annulments are rare and only granted under specific circumstances. Understanding how annulment works—and whether your situation qualifies—is the first step.
Relevant Missouri Laws on Annulment
Missouri doesn’t have a separate set of statutes solely dedicated to annulments, but annulments are granted under Missouri common law through civil court proceedings. Legal guidance is drawn from Missouri case law and relevant sections of the Missouri Revised Statutes (RSMo Chapter 452), which govern marriage and divorce. Key legal grounds for annulment in Missouri include:
- Bigamy (one spouse was already married)
- Incest (marriage between closely related individuals)
- Fraud or misrepresentation (material lies that induced the marriage)
- Duress or coercion (one party was forced into the marriage)
- Mental incapacity (a party was unable to consent to marriage)
- Underage marriage without parental consent
- Lack of consummation (in some extreme cases)
Real-Life Examples: When Missouri Courts May Grant an Annulment
- Marriage Under Fraudulent Circumstances: A woman learns that her husband married her solely to obtain a green card and had no intention of building a real marital relationship. She petitions for annulment, and the court grants it on the grounds of fraudulent intent.
- Bigamous Marriage: A man marries a woman in Missouri, only to find out she was still legally married to someone else in another state. This marriage is declared void due to bigamy, and an annulment is granted.
- Marriage Without Mental Capacity: An elderly woman with advanced dementia is married by her caretaker. Her family challenges the marriage, and the court annuls it because she lacked the mental capacity to consent.
When Missouri Annulments Are Denied
Not all unusual or emotionally painful marriages qualify for annulment. Here are cases where a Missouri court may deny an annulment:
- Buyer’s Remorse Isn’t Legal Grounds:
A man regrets marrying his wife shortly after the ceremony, claiming she “changed.” However, the court denies his annulment request because regret or personality conflicts are not valid legal grounds.
- Fraud Not Material to the Marriage:
A woman discovers her husband lied about having a high income. While disappointing, the court finds this misrepresentation does not relate directly to the essence of the marital relationship and denies the annulment.
- Delay in Filing:
A man learns his marriage was possibly invalid but waits five years to act. Because he continued living with his spouse and presented themselves as a married couple, the court denies the annulment and suggests divorce as the proper remedy.
How Flex Legal Group Can Help With Missouri Annulments
At Flex Legal Group in Joplin, Missouri, we understand that seeking an annulment can be emotionally draining and legally confusing. Whether you’re dealing with marriage fraud, mental incapacity, or legal issues like bigamy, our experienced Missouri family law attorneys can guide you through every step. Here’s how we support our clients:
- Case Evaluation: We’ll help you determine whether your case meets the legal grounds for annulment in Missouri.
- Court Filing: Our team prepares and files all necessary petitions and affidavits, ensuring your case complies with RSMo Chapter 452 and relevant case law.
- Court Representation: We advocate for your rights in hearings, presenting strong evidence to prove the marriage is legally void.
- Alternatives to Annulment: If annulment isn’t possible, we can guide you through the divorce process to protect your interests and help you move forward.
Ready to Find Out If Annulment Is Right for You?
If you believe your marriage should never have been valid, don’t go through this process alone. Flex Legal Group is here to provide trusted legal advice and compassionate representation in annulment cases throughout Joplin and Southwest Missouri. Contact Flex Legal Group today to schedule a confidential consultation with a Missouri annulment attorney. Let’s protect your rights and help you take the next step toward peace of mind.