Kansas Annulment and Prohibited Marriage Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 27, 2023

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

The institution of marriage is regulated by law. The requirements for what constitutes a legally valid marriage vary from one state to the next. In cases where a marriage is legally invalid, it qualifies for a civil annulment. Some types of marriage are prohibited by law.

Here is an overview of laws in Kansas that are related to civil annulments and prohibited marriages.

Civil Annulments and Prohibited Marriages

States set their own laws related to civil annulments and prohibited marriages. The laws governing either can be unique to where you live. Annulments can invalidate a marriage under certain circumstances. Under other circumstances, laws may completely prohibit certain types of marriage. In Kansas, marriages induced by fraud or misrepresentation, for example, are legally invalid. Under such circumstances, under state law, a court may grant an annulment to recognize that the marriage was never legally valid. By doing so, a court effectively erases a legally invalid marriage as if it never took place.

Annulment Laws in Kansas

The details of Kansas's laws related to civil annulments and prohibited marriages are listed below.

Prohibited Marriages
  • Under Kansas Statutes 23-2503, incestuous marriages are prohibited. Incestuous marriages are defined as marriages between closely related family members. There are exceptions for certain types of cousins that are more distant in their degree of familial relation than first cousins.
  • Under Kansas Statutes 23-2502, common-law marriages are prohibited if either or both of the spouses are under 18 years of age. For more information about common law marriages, consider reviewing FindLaw's "What is a Common Law Marriage?"
  • Under Kansas Statutes 21-5609, bigamous marriages are prohibited. Generally speaking, bigamous marriages are defined as marrying a person while still being married to another person.

Grounds for Annulment

Under Kansas Statutes 23-2702, one may pursue an annulment for a variety of reasons. Examples of those reasons are covered in "Prohibited Marriages." That section of this chart is immediately above.

Time Limits for Obtaining Annulment

 -

Legitimacy of Children

 Under common law and public policy, children that are born to legally invalid marriages or marriages that have been annulled are considered legitimate.
Same-Sex Marriage

Civil Annulments and Prohibited Marriages: Other Resources

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.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Divorces are tough and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
  • Divorce lawyers can secure alimony, visitation rights, and property division

Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.

 

If you need an attorney, find one right now.

Helpful Links

Popular Directory Searches