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St. Charles Annulment Attorney

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When a marriage is coming to an end, it typically results in a divorce. However, there are some cases where the marriage technically never existed. In Missouri, an annulment is considered a “declaration of invalidity of marriage.” The grounds for annulment in the state are similar to those found in others.

How to Get an Annulment in Missouri

You must seek an annulment to make your marital status distinct. Since the annulment laws are often complex, it’s imperative to seek legal assistance to file your case in the county where you or your spouse reside.

Grounds for annulment include:

  • Bigamy – If one spouse was already married to another living person at the time of the subsequent marriage.
  • Common Law Marriage – Common-law marriages entered after 1921 are void, unless it was recognized in another state.
  • Duress or fraud – If a spouse is forced to marry the other under false pretenses. This includes instances where one spouse weds the other in order to establish U.S. citizenship.
  • Kinship – If a marriage is between family members, then it is considered invalid.
  • Lack of capacity – This includes mental incompetence, senility or insanity of one or both spouses. This may also apply to physical capacity or impotence.
  • Underage – If one or both spouses are under the age of 18 at the time of the marriage, and did not provide a written consent from their parents or court permission, then the marriage is invalid.

When a judge grants an annulment, there will be no record of the marriage even existing by a court order. Spousal maintenance is not available due to the invalidity and children of an annulled marriage are considered legitimate children of the marriage if born during the marriage or within 300 days after date of annulment. This means parents are obligated to pay child support and orders regarding child custody would be as though the marriage had been valid.

Schedule an Appointment by Calling (636) 400-1177.

At Smith Law Offices, LLC, our St. Charles family law lawyer has more than 25 years of collective experience with helping clients successfully resolve their marriage issues. We serve also serve clients throughout the entire state of Missouri.

For more information about annulments, contact our firm today.

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